Mohammed Shadiq v. A.Miller Paul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2019 CORAM :

THE HON'BLE MS. JUSTICE P.T.ASHA C.R.P. (PD) No.795 of 2019 and C.M.P. No.5227 of 2019 Mohammed Shadiq ... Revision Petitioner Vs.

1.A.Miller Paul 2.T.Mahesh ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 23.11.2018 in I.A.No.242 of 2017 in O.S.No.44 of 2017 on the file of the learned District Munsif Court, Tambaram.

For Petitioner : Mr.G.Mohammed Aseef

O R D E R

The above Civil Revision Petition has been filed, challenging the order, dismissing the petition moved by the revision petitioner, seeking leave under provisions of Order II Rule 2 of CPC to file a comprehensive suit at a later point of time.

2.The affidavit filed in support of the said petition is totally bereft of reasons, whatsoever, based on which, the revision petitioner seeks leave to

postpone the filing of the suit with reference to other relief, which has arisen even at this juncture.

3.Considering the above fact, the learned District Munsif has dismissed the said petition. Therefore, I find no infirmity in the order passed by the learned District Munsif, Tambaram, in I.A.No.242 of 2017 in O.S.No.44 of 2017.

4.In the result, this Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. It is needless to state that, it is open to the revision petitioner to file an amendment petition, as required, to include the other relief. 28.02.2019 mkn Index : Yes / No Internet : Yes / No Speaking order / Nonspeaking order To The District Munsif, Tambaram.

P.T.ASHA, J.

mkn C.R.P. (PD) No.795 of 2019 and C.M.P. No.5227 of 2019 28.02.2019