D.Sudarsan Vs N.Dayalan

PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the order and decreetal order dated 28.01.2025 made in I.A.No.3 of 2024 in O.S.No.382 of 2024 on the file of the Additional District Munsif Court, Poonamallee.

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For Petitioners : Mr.R.Nandha Kumar For R9 to R14 : Mr.P.Gurunathan Additional Government Pleader (C.S) For Caveator/R3 : Mr.D.Anandkumar (No Appearance)

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O R D E R

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This Civil Revision Petition has been filed against the order passed by the

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learned Additional District Munsif, Poonamallee, in I.A.No.3 of 2024 in O.S.No.382 of 2024 on 28.01.2025 rejecting the application filed under Order VII Rule 11 (a) & (d) of CPC r/w 151 of CPC.

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Learned counsel appearing for the petitioners submitted that the

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petitioners, without proper advice bonafidely believed that only a civil revision petition will lie against the impugned order, have filed the present revision petition instead of filing an appeal. He further submitted that later, on coming to know that only an appeal will lie against the impugned order, the petitioners have preferred an appeal before the Subordinate Court, Poonamallee, whereas, it is still pending without numbering since it is filed with delay. He also submitted that the petitioners have bonafidely pursued the matter before this Court and therefore, he prayed that taking into consideration the fact that the revision petition has been filed within a period of 30 days, the time taken for bonafidely pursuing the revision petition may be excluded under Section 14 of the Limitation Act. Hence, he seeks permission of this Court to withdraw the petition with a liberty and he has also filed a Memo to that effect.

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Having heard the learned counsel for the petitioners and perused the materials available on record, this Court is able to see that the impugned order was passed on 28.01.2025, the copy of the order was made ready on 10.02.2025 and the revision petition has been filed on 05.03.2025, i.e., within a period of 30 days.

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In view of the above, the Civil Revision Petition stands dismissed as withdrawn with a liberty to the revision petitioners to pursue the regular appeal challenging the impugned order dated 28.01.2025. The Memo filed by the petitioners shall form part of the Court record.

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Further, the time taken by the petitioners in bonafidely pursuing the

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present Civil Revision Petition before this Court is directed to be excluded under Section 14 of the Limitation Act, 1963. The Subordinate Judge, Poonamallee, is directed to number the appeal in accordance with law. No costs.

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04.04.2025

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Note : Registry is directed to return the original papers to the counsel for the petitioners forthwith after substituting the same with a xerox copy.

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ham

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