The Madurai Bench of the Madras High Court dismissed a civil revision petition filed against an appellate order granting an alternative relief for refund of advance amount. The Court held the order was sustainable under Section 22 of the Specific Relief Act.
Civil revision petition dismissed; order in I.A.No.304 of 2017 confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.2359 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.2359 of 2018 and C.M.P(MD)No.10539 of 2018
Thiruparkadal ...Petitioner/Respondent/ Defendant Vs.
Balakrishnan ...Respondent/Appellant/ Plaintiff
PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C., to call for the records and set aside the fair and decreetal order passed in I.A.No.304 of 2017 in A.S.No.58 of 2017 dated 29.01.2018 on the file of the learned Additional District Judge, Tirunelveli.
For Petitioner : M/s.Janaki Devi For Mr.S.Prithiviraj
For Respondent : Mr.T.Selvan
ORDER
This civil revision petition has been filed against the order passed
by the learned Additional District Judge, Tirunelveli in I.A.No.304 of 2017 in A.S.No.58 of 2017 dated 29.01.2018.
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before the Additional Sub Court, Tirunelveli. The respondent/plaintiff has filed the said suit for specific performance based upon the agreement, dated 15.07.2008. It appears that the suit was dismissed on 10.02.2016.
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counsel for the petitioner submits that when such procedure has not been followed, the very order passed in I.A.No.304 of 2017 permitting the amendment is liable to be set aside.
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the Specific Relief Act, this Court finds no infirmity in the order passed by the learned Appellate Judge. Therefore, this Court would like to confirm the order passed in I.A.No.304 of 2017.
costs. Consequently, connected miscellaneous petition is closed.
07.07.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
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C.R.P(MD)No.2359 of 2018
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.2359 of 2018
07.07.2023
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2 issues framed by the court
Whether a civil revision petition is maintainable against an order granting alternative relief without a separate appeal.
Whether allowing an amendment application along with the main appeal instead of disposing independently constitutes a legal infirmity.
Colour shows how this judgement treated each authority
Meharunnisha Beevi Vs Mohamed JackriaReferred¶26
(2010) 4 MLJ 130
3 provisions across 2 enactments
Thiruparkadal
Balakrishnan
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
