Jaya @ Jayalshmi v. Rajamani @ Mani

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Jaya @ Jayalakshmi ..Petitioner Vs.

Rajamani @ Mani ..Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 10.11.2021 passed by the learned III Additional District Judge, Salem in I.A.No.1 of 2021 in O.S.No.32 of 2016 by allowing the Revision Petition. For Petitioner : Mr.J.Sudhakaran For Respondent : Mr.P.Jagadeesan

O R D E R

The Revision is at the instance of the defendant. Challenge is to the order of dismissal of the application filed seeking amendment of the written statement.

1/4

2. The learned counsel appearing for the petitioner would submit that subsequent to the filing of the revision, the suit itself was decreed ex parte on 09.12.2021. Therefore, the revision has become infructuous. The learned counsel would however submit that he should be given liberty to seek restoration of the Civil Revision Petition, if ex parte decree is set aside.

3. Considering the same, this Civil Revision Petition is disposed of as having become infructuous with liberty to seek restoration, if the exparte decree is set aside. No costs. 11.01.2024 dsa Index : No Internet : Yes : No Speaking order 2/4

To The III Additional District Judge, Salem.

3/4

R.SUBRAMANIAN,J.

dsa 11.01.2024 4/4