Madras High CourtCRP/3956/2011disposed of

Ammasi v. Smt. Radhammal

2020-08-07Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.08.2020

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Civil Revision Petition(NPD) No.3956 of 2011 ----

1. Ammasi

2. Dhanabakiyam ... Petitioners Vs

1. Radhammal

2. Kaliyaperumal

3. Sellammal

4. Anbazhagan

5. Valliammal

6. Shanthi

7. Nagaraj

8. Mohan

9. Dhanapal ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order of the District Munsif Court at Mettur, dated 10.08.2010 in unnumbered suit in O.S.Sr.No.3396 of 2010. For Petitioner : Ms.Shivani for Mr. P.Valliappan 1/3

For Respondents : Mr. P. Jegadeesan, for R2

ORDER

The Civil Revision Petition has been filed against the order dated 10.08.2010 passed in the unnumbered suit.

2. The petitioners herein filed a suit against the respondents herein for declaration and permanent injunction in O.S.Sr.No.3396 of 2010. Even before numbering the plaint, the trial Court, by an order dated 10.08.2010 rejected the plaint as not maintainable. Challenging the said order, the petitioners are before this Court with this Revision.

3. This Court is of the view that, against the order of dismissal of the suit, no revision will lie and only Appeal will lie. Hence, this Revision is not maintainable and the same is liable to be dismissed.

4. Accordingly, the Civil Revision Petition is dismissed. However, the petitioners are at liberty to file an appeal before the appropriate forum. In case if appeal filed, time spent for this revision has been excluded from the period of limitation.

07.08.2020 mrp To

1. The District Munsif Court at Mettur .

2. The Section Officer, V.R. Section, High Court, Madras 2/3

P.VELMURUGAN,J.

mrp C.R.P.(NPD) No.3956 of 2011 07.08.2020 3/3