M/S Shriram Transport Finance v. Mr.M.Rathinam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM C.R.P.(PD) No.1958 of 2016 and CMP.No.10330 of 2016 M/s.Shriram Transport Finance Company Ltd., ESR Complex, II Floor, No.14-A, Square Market, Mettur Dam-636 401.

... Petitioner Vs.

M.Rathinam ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the docket order dated 20.01.2016 made in I.A.Sr.No.5832 of 2015 in O.S.No.127 of 2015 on the file of the learned Principal District Munsif, Mettur. For Petitioner :

Mr.K.S.Ramakrishanan

O R D E R

This revision has been preferred against return of I.A.Sr.No.5832 of 2015 in O.S.No.127 of 2015 under order dated 20.01.2016 by the learned Principal District Munsif, Mettur. 2.Heard learned counsel for petitioner.

3.Petitioner/Defendant raises the question of maintainability of action before the Court below. The same is to be dealt with on merits, after hearing the parties and not to be summarily disposed of, by way of docket order. Therefore, the Court below is directed to hear the matter afresh and pass appropriate orders on merits and in accordance with law.

4.With the above direction, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. No costs.

30.06.2016 Index:Yes/No Internet:Yes DP

To The Principal District Munsif, Mettur.

C.T.SELVAM.J, DP C.R.P.(PD) No.1958 of 2016 and C.M.P.No.10330 of 2016 30.06.2016