Revision petition dismissed an impugned docket order where the trial court returned a set-aside petition on administrative grounds. The High Court directed the trial court to entertain the matter on the judicial side, issue notice, and decide on merits.
Trial court directed to entertain petition on judicial side, send notice to respondent, and decide on merits.
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.188 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.02.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.188 of 2024 and C.M.P(MD)No.815 of 2024
1.Balamurugan
2.Jothimani ... Petitioners
C.K.Murugan ... Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Article 227 of the Constitution of India, to set aside the Docket Order dated 21.12.2023 in A.No.6858 of 2023 in O.S.No.439 of 2015 on the file of the Principal District Munsif, Dindigul and direct the learned Principal District Munsif to number the same by allowing this Civil Revision Petition.
For Petitioners : Mr.V.Muthu Kamatchi
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C.R.P(MD)No.188 of 2024
ORDER
This Transfer Civil Miscellaneous Petition is filed to set aside the Docket Order dated 21.12.2023 in A.No.6858 of 2023 in O.S.No.439 of 2015 on the file of the Principal District Munsif, Dindigul and direct the learned Principal District Munsif to number the same by allowing this Civil Revision Petition.
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C.R.P(MD)No.188 of 2024
taken into account while deciding the matter. It ought not have been decided on the administration side. There shall be a direction to the trial Court to entertain the petition on judicial side, after sending notice to the respondent and decide the matter on its own merits.
No costs. Consequently, connected miscellaneous petition is closed.
01.02.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No
Note: Let the original petition be returned to the petitioner by the Registry for further process.
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To
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C.R.P(MD)No.188 of 2024
G.ILANGOVAN, J.
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ORDER IN C.R.P(MD)No.188 of 2024 and C.M.P(MD)No.815 of 2024
01.02.2024
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2 issues framed by the court
Whether the trial court erred in returning the set aside petition on the administration side instead of the judicial side.
Whether the impugned docket order setting aside the petition should be quashed.
Balamurugan
Jothimani
C.K.Murugan
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
