Madras High CourtCRP/1813/2015dismissed as infructuous

Minor Gopinath v. Ponnayee

2020-11-11Honourable Mr Justice P. Rajamanickam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM C.R.P(PD).No.1813 of 2015 and MP.No.1 of 2015 Gopinath (minor) S/o.Subramani Minor rep.by his mother and Next friend Sivakami ... Petitioner Vs.

1. Ponnayee

2. Saraswathi

3. Subramani

4. Kandasamy

5. Muthu Gounder

6. V.C.Kandasamy

7. Sellammal

8. Palani Gounder ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order and decreetal order dated 30.10.2013 passed in I.A.No.563 of 2013 in O.S.No.144 of 2009 on the file of the III Additional District Court, Salem. 1/4

For Petitioner : Mr.J.Prithivi For Respondents : No Appearance

ORDER

This Civil Revision Petition has been filed against the dismissal of the application filed by the petitioner/plaintiff in I.A.No.563 of 2013 in O.S.No.144 of 2009 on the file of the III Additional District Judge, Salem seeking permission of the court to amend the plaint.

2. When this matter came up for hearing on 12.10.2020, the learned counsel for the petitioner has not connected through Video Conferencing. Hence, this Court has directed the Registry to call for a Status Report from the trial court in respect of O.S.No.144 of 2009. Accordingly, the Registry has called for a report from the trial court. The trial court by the letter dated 21.10.2020 has stated that the suit itself was dismissed for default on 08.01.2020.

3. Recording the aforesaid facts, this Civil Revision Petition is dismissed as infructuous. Liberty is given to the petitioner to file fresh 2/4

petition if the suit is restored to file. No costs. Consequently, connected miscellaneous petition is closed.

11.11.2020 Vv Index :Yes/No Internet : Yes/No To The III Additional District Court, Salem.

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P.RAJAMANICKAM.J., Vv C.R.P(PD).No.1813 of 2015 and MP.No.1 of 2015 11.11.2020 4/4