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Madras High CourtCRP/1046/2022dismissed

Amuthavalli v. Sundari

2022-04-07Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022 CORAM: JUSTICE N.SESHASAYEE C.R.P. (PD) No.1046 of 2022 and C.M.P. No.5357 of 2022 1.Amuthavalli 2.Arunprakash 3.Mohanapriya ... Petitioners vs 1.Sundhari 2.The Accounts Manager Accounts Centre Mines-II, NLC India Ltd., Neyveli Town 3.The President NLC India Employer Co-operative Society Division-12, Neyveli Town ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 30.11.2021 passed in I.A. No.448 of 2021 in O.S. No.524 of 2021 on the file of Sub Court, Neyveli. **** For Petitioners : Mr.K.Jayakumar For Respondents : Mr.M.Selvam **** Page No.1/4

ORDER

In a suit for money, the revision petitioners are arrayed as defendants and have been served with notice to furnish security in an application taken out under Order XXXVIII Rule 5 in I.A. No.448 of 2021.

2. Heard both sides and perused the materials available on record.

3. This court finds that only notice has been ordered and no order affecting the rights of the revision petitioners has been made yet. The learned counsel for the respondent also informs the court that a counter has been filed by the revision petitioners before the trial court in the aforesaid application.

4. It appears that the revision petitioners are in jittery and have rushed to the court with this revision, when no right, whatsoever of the revision petitioners has been affected by any judicial proceedings. A show-cause notice can never be considered as one affecting the right of the revision petitioners and now the revision petitioners have filed their counter, they will now get an opportunity to show cause to the notice they have received. The revision petition is premature, and hence it cannot be entertained. Page No.2/4

5. Accordingly, the revision petition is dismissed. However, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.

07.04.2022 Asr To The Sub Court, Neyveli Page No.3/4

N.SESHASAYEE, J.

Asr C.R.P. (PD) No.1046 of 2022 07.04.2022 Page No.4/4