R.Subhashini v. Indian Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN C.R.P.NPD.No.812 of 2015 Mrs. R.Subhashini ... Petitioner Vs.

1. Indian Bank, rep. by its Chief Manager/authorized Officer, North Towers, North Usman Road, Elite Towers, North Usman Road, T. Nagar, Chennai 600 017

2. M.S.Lenin Sebas

3. M/s. Jerin Polybags, rep. by its Proprietor, M.S.Lenin Sebas, No.L-12, SIDCO Industrial Estate, Kodungaiyur, Chennai.

... Respondents 1/4

PRAYER : Civil Miscellaneous Petition has been filed under Article 227 of the Constitution of India to set-aside the fair and decreetal order dated 24.01.2014 made in I.A.No.10703 of 2013 in O.S.No.6106 of 2012 on the file of VII Assistant City Civil Court, Chennai by allowing the Civil Revision Petition. For Petitioner : Mr. V. Subramanian For respondents : Mr. B.Murugavel & : Mrs. Sangeetha, for Bank

O R D E R

The Civil Revision has been filed against the order allowing the application to reject the plaint filed under Order VII Rule 11 CPC by the first respondent/first defendant Bank.

2. Against the order allowing the application to reject the plaint, appeal only lies as it is the decree within the meaning of Section 2(2) of CPC, and the petitioner cannot maintain a revision. Hence, the revision petition is not maintainable. 2/4

3. Accordingly, the Civil Revision Petition is dismissed. No costs. It is always open to him to challenge the order in the manner known to law. Registry is directed to return the original impugned order to the petitioner.

23.01.2020 Index:Yes/No ( 2/2) Internet:Yes Speaking/Non-speaking order mrp To The VII Assistant City Civil Court, Chennai 3/4

V.BHARATHIDASAN, J mrp .

C.R.P(NPD).No.812 of 2015 23.01.2020 4/4