R.Irusan v. S.Idayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2019

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) No.1769 of 2018 R.Irusan

...Petitioner

Vs.

S.Idayakumar

...Respondent

Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order and decree dated 20.02.2018 passed in I.A.No.13892 of 2017 in O.S.No.2898 of 2017 on the file of learned XVIII Assistant Judge, City Civil Court, Chennai and allow the Civil Revision Petition with cost.

For Petitioner : Mr.M.Ramadoss

O R D E R

The present Civil Revision Petition is filed by the petitioner to set aside the order and decree dated 20.02.2018 passed in I.A.No.13892 of 2017 in O.S.No.2898 of 2017 on the file of learned XVIII Assistant Judge, 1/4

City Civil Court, Chennai and allow the Civil Revision Petition.

2. The learned Judge of the trial Court issued a decree, wherein certain clerical error had crept in. According to the petitioner, two different decrees were issued for the same Judgment. Therefore, the said two decrees to be corrected, amended and a fresh decree should be issued.

3. The learned counsel for the petitioner submitted that insofar as the Judgment is concerned, the petitioner has no grievance and he is willing to participate in the trial.

4. Considering the submissions of the learned counsel for the petitioner, this Court is of the view that the order passed by the learned XVIII Assistant Judge, City Civil Court, Chennai in I.A.No.13892 of 2017 in O.S.No.2898 of 2017 is hereby confirmed and the court below is directed to issue a fresh decreetal order within a period of six months from the date of receipt of copy of this order to the petitioner.

5. With the aforesaid observations, the present Civil Revision Petition is ordered. No costs.

21.08.2019 Index: Yes/No Internet: Yes/No Speaking / non speaking order 2/4

ssd To The learned XVIII Assistant Judge, City Civil Court, Chennai 3/4

M.GOVINDARAJ, J., ssd C.R.P.(PD) No.1769 of 2018 21.08.2019 4/4