N. Sarvanan @ Saravanakrishnan v. K. Sethurajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR CMP No.19403 of 2017 IN CRP.SR76270/2017 1 N.SARVANAN @ SARAVANAKRISHNAN [ PETITIONERS ] 2 N.VENKATAKRISHNAN 3 N.SUGUNDEVI 4 MINOR PREETHI REP BY MOTHER AND NATURAL GUARDIAN TMT N.SUGUNADEVI Vs K.SETHURAJAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Re-Construct the papers relating to Civil Revision Petition in the above CRP SR.76270 of 2017 and pass such further or other orders.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.ARUMUGAM, Advocate for the petitioner,the court made the following order:- This petition is filed praying this Court to pass appropriate orders for re-construction of the papers relating to Civil Revision Petition in the above CRP (SR) No. 76270 of 2017.
2. According to the counsel for the petitioner, after filing the Civil Revision Petition, on 04.10.2017, Registry has returned it for complying with certain defects and those defects were rectified and kept ready for re-presentation. While so, renovation work was carried on 05.10.2017 in the office of the counsel for the petitioner, during which time, the case bundle was lost and inspite of diligent search, the bundle could not be traced. In such circumstance, the present petition is filed for the relief as stated above.
3. The contention of the counsel for the petitioner cannot be accepted by this Court. In the absence of certified copies of the material papers relating to the Civil Revision Petition, the prayer sought for in this petition cannot be granted. Therefore Registry is directed to return the case bundle in the above CRP SR No. 76270 of 2017 to the petitioner to enable the petitioner to comply with the defects. It is open to the petitioner to rectify the defects and represent the papers at a later stage. The petition is therefore closed as no further order is necessary. -sd/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE REGISTRAR, CITY CIVIL COURT AT CHENNAI.
2 THE SECTION OFFICER, JUDICIAL SECTION, HIGH COURT, MADRAS-104.
C.C. to M/S.M.ARUMUGAM Advocate on payment of necessary charges Order in CMP.19403/2017 in CRP.SR76270/2017 Date :15/11/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 21/11/2017