M/S.Ranga Finance v. S.Muthusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and C.M.P.No.6578 of 2020 M/s Ranga Finance, Represented by its partner, N.Shankar ... Petitioner Vs.

S.Muthusamy ... Respondent Prayer: This Civil Revision Petition had been filed under Article 227 of the Constitution of India, to set aside the order dated 06.11.2019 passed in I.A.No.2 of 2019 filed in O.S.No.135 of 2017 by the learned III Additional District Judge, Salem.

For petitioner : No appearance For Respondent : Mr.D.Shivakumaran

ORDER

When the case came up for hearing on the earlier occasion, there was no representation for the Petitioner, whereas, the learned counsel for the Respondent was present. Even today, there is no representation for the Petitioner.

2. The learned Counsel for the Respondent, who is present before this Court, submits that as against the dismissal of I.A.No.2 of 2019 by the learned III Additional District Judge, Salem in O.S.No.135 of 2017, I.A.No.2 of 2019 was filed by the Counsel on record for the Plaintiff to recall DW1 for cross examination and an affidavit was filed by the Counsel on record. Therefore, the Respondent had vehemently objected stating that the Counsel appearing shall not be parties to the proceedings. Based on the ruling cited by the learned Counsel for the Respondent before the trial Court, the learned III Additional District Judge had dismissed the I.A.No.2 of 2019. Aggrieved by the same, the Petitioner had filed this Civil Revision Petition.

3. Considering the absence of the Petitioner, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

26.07.2022 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order kmm

To The learned III Additional District Judge, Salem.

SATHI KUMAR SUKUMARA KURUP, J.

kmm 26.07.2022