Krishnasamy Venkatesan v. Reserve Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2296 of 2016 and C.M.P.No.11897 of 2016 Krishnasamy Venkatesan S/o.Late Krishnasamy Naidu ... Petitioner vs 1.Reserve Bank of India, A Body Corporate Constituted under the Reserve Bank of India Act 1934 Department of Expenditure and Budgetary Control (now known as Corporate Strategy and Budget Dept.
Shahib Bhagat Singh Road, Bombay 400 023, representing themselves and all other creditors of the first defendant in the representative capacity.
2.K.Balakrishnan S/o.Late Krishnasamy Naidu ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned I Additional District and Sessions Judge, Coimbatore, passed in I.A.No.721 of 2015 in O.S.No.524 of 2015 on 12.02.2016. For Petitioner :
Mr.V.Nicholas For Respondents :
Mr.C.Mohan for M/s.King & Partridge *****
O R D E R
This revision arises against the order of learned I Additional District and Sessions Judge, Coimbatore, passed in I.A.No.721 of 2015 in O.S.No.524 of 2015 on 12.02.2016.
2. First respondent/plaintiff has filed O.S.No.524 of 2015 on the file of learned I Additional District and Sessions Judge, Coimbatore, seeking declaration that the alleged partition release deed dated 25.10.2012 registered as Document No.5678 of 2012 was sham and nominal, not binding on the plaintiff Bank and other creditors of first defendant and other consequential reliefs. First respondent/plaintiff filed I.A.No.721 of 2015 seeking permission to file a suit under the representative capacity under Or.1 R.8 CPC. The Court below, under the impugned order, allowed such application. Aggrieved, petitioner/first defendant has filed the present revision.
3. Heard learned counsel for petitioner and learned counsel for respondents.
4. The only ground canvassed by learned counsel for petitioner is that in filing the suit in representative capacity, the first respondent/plaintiff had not complied with Or.1 R.8 CPC. The defect in compliance with Or.1 R.8 CPC is a curable irregularity.
For the aforesaid reason, the Civil Revision Petition shall stand dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09.08.2016 Index:yes/no Internet:yes gm To The I Additional District and Sessions Judge, Coimbatore.
C.T.SELVAM, J gm Civil Revision Petition (PD) No.2296 of 2016 09.08.2016