Manjula v. R.Gunasekaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2024
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Manjula ... Petitioner Vs.
1. R.Gunasekaran, Treasurer, Loyola Institute, Kuppaiyanallur, Thiramerur, Kancheepuram - 631 501.
2. The Manager, Reliance General Insurance Company Ltd., Motors Third Party Claim Office, 6th floor, Reliance House, No.6, Haddows Road, Nungambakkam, Chennai 600 034. ...Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking direction to number the unnumbered I.A.SR No.4112/2018 in MCOP No.213/2011 on the file fo the Motor Accident Claims Tribunal, Sub Court, Kancheepuram and take the application on file and to dispose the same.
For Petitioner : Mr.C.Prabakaran
O R D E R
This Civil Revision Petition has been filed to direct the Motor Accident Claims Tribunal, Sub Court, Kancheepuram to number the unnumbered I.A.SR No.4112/2018 in MCOP No.213 of 2011 and take the application on file and to dispose of the same.
2. It is the contention of the petitioner that the above MCOP in 213 of 2011 was dismissed for default in the year 2017 and to restore the same she had filed the above application, however, it was not numbered. On perusal, it reveals that in the affidavit, the petitioner has not stated any reason, as to why the petition was not numbered; whether it was returned; or even after complied with the defect, it is not yet numbered. Further, on perusal of typed set of papers, it is noticed that the petitioner has filed the copy application before the District and Sessions Court No.11, Kancheepuram on 30.08.2022, in which, in the column 'description of documents', the petitioner has requested the "certified copy of restore petition filed on 30.04.2021 in SR No.3910, 3911 ". It is to be noted that, in the present civil revision petition, the petitioner has sought direction to number the
unnumbered I.A.SR No.4112/2018. Further, on the back side of the above copy application, there is an endorsement dated 3.11.2022 as, " Returned. Blanks to be filled up. Hence returned. Time : 7 days " Further, in the typed set of papers, an affidavit along with a petition filed under Section 5 of Limitation Act, was also filed. In the above affidavit as well as the petition, the number of days, with regard to the delay to be condoned, is left blank. In such circumstances, this court is of the view that the petitioner has filed the present civil revision petition without and valid ground, which is not maintainable and hence the same is liable to be dismissed.
3. In fine, the civil revision petition is dismissed as not maintainable. No costs.
19.01.2024 Index: Yes/No Internet: Yes/No mst
V.SIVAGNANAM, J., mst 19.01.2024