This court dismissed a Civil Revision Petition challenging an order granting dismissal of a suit for default, holding that no adjudication was required when the underlying suit was already dismissed.
Civil Revision Petition dismissed; connected Miscellaneous Petition closed.
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.2374 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD)No.2374 of 2018 and C.M.P. (MD) No. 10615 of 2018
1. I.Anitha 2.V.Thilagavathi ...Petitioners/Petitioners/ Defendants 1 & 2
Vs.
..1st Respondent/1st Respondent/ Plaintiff
...Respondents 2 & 3/Respondents 2 & 3/ Defendants 3 & 4
PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code against the Fair and Decreetal order dated 29.06.2018 passed in I.A.No.336 of 2018 in O.S.No.23 of 2015 on the file of the District Munsif Court, Lalgudi.
For Petitioners : Mr.Saravanan For R1 : Mrs.T.Jayanthirani
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C.R.P(MD)No.2374 of 2018
O R D E R
This Civil Revision Petition is filed against the order
dated 29.06.2018 passed in I.A.No.336 of 2018 in O.S.No.23 of
2015 on the file of the District Munsif Court, Lalgudi.
2. The petitioners herein are the defendants 1 and 2 and
the first respondent is the plaintiff and the respondents 2 and 3 are the defendants 3 and 4 in the suit.
3. During the course of hearing, the learned counsel for
the petitioners and the learned counsel for the first respondent submits that the suit in O.S.No.23 of 2015 itself was dismissed on 01.11.2018 for default and thereafter, no restoration petition is filed till date.
C.R.P(MD)No.2374 of 2018
4. In view of the fact that the suit itself was dismissed on
01.11.2018, in the opinion of this Court, nothing remains for adjudication in this Civil Revision Petition.
5. Accordingly, this Civil Revision Petition is dismissed.
6. No costs.
7. Consequently, connected Civil Miscellaneous Petition
is closed.
14.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM
To
1.The District Munsif Court, Lalgudi
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C.R.P(MD)No.2374 of 2018
BATTU DEVANAND, J.
CM
C.R.P(MD)No.2374 of 2018 and C.M.P. (MD) No.10615 of 2018
14.12.2023
1 issue framed by the court
Whether notice should be given to parties to restore a dismissed suit before adjudicating a civil revision petition challenging an order granting such dismissal.
I.Anitha
V.Thilagavathi
M.G. Mohammed Gani Abdul Haji
Karunanidhi
K. Murali
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
