Single Bench order dismissing a civil revision petition filed under Article 226 as infructuous because the underlying suit was already dismissed for default by the trial court in 2019.
Civil Revision Petition dismissed as infructuous.
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.856 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD) No.856 of 2013 and M.P(MD) No.2 of 2013
David Anbu Prabakaran
...Petitioner
Vs.
1.Rev.Diraviam Jesudasan
(For myself and on behalf of Tirunelveli Diocese employees in representative capacity under Order 8 Rule 11 CPC.)
2.Rt. Rev. S.Jeyapaul David
...Respondents
(For myself and on behalf of Tirunelveli Diocese members in representative capacity under Order 8 Rule 11 CPC.)
1/5
C.R.P(MD)No.856 of 2013
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 19.04.2013 passed in I.A.No.601 of 2012 in O.S.No.199 of 2008 on the file of the Principal Subordinate Court, Tirunelveli, and allow this Civil Revision Petition.
For Petitioner : No Appearance For Respondents : Mr.H.Arumugam – for R1 No Appearance – for R2
O R D E R
This Civil Revision Petition is filed against the order dated 19.04.2013 passed in I.A.No.601 of 2012 in O.S.No.199 of 2008 on the file of the Principal Subordinate Court, Tirunelveli.
2/5
C.R.P(MD)No.856 of 2013
as infructuous.
C.R.P(MD)No.856 of 2013
is closed.
31.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No RM
To
1.The Principal Subordinate Judge,
Principal Subordinate Court,
Tirunelveli,
4/5
C.R.P(MD)No.856 of 2013
BATTU DEVANAND, J.
RM
C.R.P(MD) No.856 of 2013
(2/3)
31.10.2023
1 issue framed by the court
Whether a civil revision petition maintainable against a decree/judgment passed in 2019 can be adjudicated when no appearance was taken by the petitioner in 2023.
2 provisions across 2 enactments
David Anbu Prabakaran
Rev. Diraviam Jesudasan
Rt. Rev. S.Jeyapaul David
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
