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Madras High CourtCRP/376/2022ordered

Dual Structure And Industries Private Ltd v. E.Dhayalan

2022-02-28Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE N.SESHASAYEE C.R.P.(PD).No.376 of 2022 Dual Structure and Industries Private Ltd., Rep. By its Director Having office at No.3/355 Venkateswara Nagar AGS Colony Extension Kottivakkam, Chennai-600 041 ... Petitioner/ 1st defendant Vs.

E.Dhayalan ..Respondent/Plaintiff Civil Revision Petition filed Under Article 227 of Constitution of India, to direct the Additional District Munsif Court at Alandur to decide the I.A.No.37 of 2021 in O.S.No.290 of 2019 and dispose of the same within such time frame as may be fixed by this court and pass such further or other orders. For Petitioner : Mr.M.Thangadurai 1/4

ORDER

This Civil Revision Petition is filed praying to direct the Additional District Munsif Court, Alandur to decide the I.A.No.37 of 2021 in O.S.No.290 of 2019 and dispose of the same within such time frame as may be fixed by this court.

2. Since this court is taking up the Civil Revision Petition for disposal at the admission stage itself, notice to respondent is dispensed with. 3.Revision petitioner is the 1st defendant in the suit. Suit in O.S.No.290 of 2019 has been filed by the respondent/plaintiff for declaration and permanent injunction. In the grounds of this revision petition, it is submitted by the revision petitioner that they filed an application in I.A.No.37 of 2021 in O.S.No.290 of 2019 to reject the plaint pending on the file of Additional District Munsif Court, Alandur on the ground of under valuation, no cause of action and barred by limitation.

3. The suit is of the year 2019 and I.A.has been filed in the year 2021. Taking into consideration the nature of relief sought for in this revision petition, the revision petition is disposed of with a direction to the trial court to dispose of I.A.No.37 of 2021 in O.S.No.290 of 2019 on or before 30.04.2022. No costs. 2/4

28.02.2022 Note:Issue order copy on 01/03/2022 nvsri To The learned Additional District Munsif Court at Alandur. N.SESHASAYEE, J., nvsri 3/4

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