C.S.Sanjay Reddy v. Kennel Club Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2022 CORAM : JUSTICE N.SESHASAYEE andC.M.P.Nos.1435, 1438 & 7048 of 2022 C.S.Sanjay Reddy ... Petitioner / Respondent / Plaintiff (in both Revisions) Vs.

1.Kennel Club of India Rep by its Secretary C.V.Sudarsan No.28, AA Block, I Street Anna Nagar Chennai - 600 040.

2.C.V.Sudarshan Secretary cum Treasurer Kennel Club of India No.28, AA Block, I Street Anna Nagar Chennai - 600 040.

3.Gauri Nargolkar 4.Indian Kennel Gazette, (IKG) No.28, AA Block, First Street Anna Nagar, Chennai - 600 040.

... Respondents / Petitioners / Defendants 1,3 to 5 1/4

5. The Chairman Kennel Club of India No.28, AA Block, First Street Anna Nagar Chennai - 600 040.

.. Respondent / 2nd Respondent / 2nd Defendant (in both Revisions) Common Prayer : Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the judgment and decree dated 16.12.2021 made in I.A.No.7 of 2021 and I.A.No.8 of 2021 in O.S.No.7961 of 2021 passed by the II Assistant City Civil Court, Chennai. For Petitioner :

Mr.S.L.Sudarsanam For Respondents :

Ms.Mythili Srinivas [R1] Mr.N.Senthil [R3] COMMON ORDER These two revisions arise out of two separate applications filed by the plaintiff. They are : (a) challenging the order passed by the trial Court in partly allowing the application filed under Section 8 of the Arbitration and Conciliation Act, taken out by the defendants in I.A.No.7/2021 in O.S.No.7961/2021; and (b) against the order passed in I.A.No.8/2021 filed by the defendants in rejecting the plaint under Order VII Rule 11 CPC., 2/4

2. Heard both sides. Of the two CRPs, C.R.P.No.304/2022 arises out of the order rejecting the plaint, passed in I.A.No.8 of 2021. Since the rejection of the plaint is a decree within the meaning of Section 2(2) CPC, only an appeal with lie, and not a revision under Article 227 of the Constitution of India. Turning to C.R.P.No.302/2022 is concerned, unless the plaint is restored by the appellate Court, there is nothing this Court can consider at present.

3. Accordingly, C.R.P.No.302/2022 is closed, and C.R.P.No.304/2022 is dismissed. The revision petitioner is at liberty to prefer an appeal rejecting the plaint, if he is so desirous. No costs. Consequently, connected miscellaneous petitions are closed.

21.04.2022 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds To:

The Judge II Assistant City Civil Court Chennai.

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N.SESHASAYEE.J., ds 21.04.2022 4/4