Madras High CourtCRP/27/2016withdrawn dismissed

D.Krishnamoorthy v. A.H.Ahamed Shakir

2016-01-12Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)Nos.27 & 28 of 2016 & C.M.P.Nos. 150 & 151 of 2016 D.Krishnamoorthy ... Petitioner in both CRPs v.

A.H.Ahamed Shakir ... Respondent in C.R.P.No.27/2016 1.K.Shanmugam Chettiar 2.S.Rani 3.A.H.Ahamed Shakir 4.R.Balashankar ... Respondents in C.R.P.No.28/2016 Civil Revision Petition No.27/2016 filed under Article 227 of the Constitution of India to set aside the order dated 16.09.2015 passed in I.A.No.1209 of 2015 in O.S.No.67 of 2015 on the file of learned District Munsif Court, Chengalpet.

Civil Revision Petition No.28/2016 filed under Article 227 of the Constitution of India to set aside the order dated 16.09.2015 passed in O.S.No.67 of 2015 on the file of learned District Munsif Court, Chengalpet. For Petitioner : Mr.Baskar COMMON ORDER Since only an appeal is maintainable as against the order passed in I.A.No.1209 of 2015 in O.S.No.67 of 2015 on the file of learned District Munsif Court, Chengalpet and as against the judgment and decree passed in O.S.No.67 of 2015, in view of the order passed by the Division Bench of this Court in CRP (PD) Nos. 1211 of 2013 etc., batch, dated 28.8.

2014, wherein the Division Bench of this court held that if a Court of Law passes an order for rejection of plaint under Order 7, Rule 11 of CPC, it has the force of 'Decree' and therefore, regular 'Appeal' lies under Civil Procedure Code and in fact, no 'Revision ' would lie, the learned Learned counsel appearing on behalf of the petitioner sought permission of this court to withdraw the Civil Revision Petitions with liberty to file an appeal as against the impugned order and also against the judgment and decree passed in O.S.No.67 of 2015 and to that effect he has also made an endorsement in the memorandum of grounds in the Civil Revision Petitions.

2. In view of the same, the above Civil Revision Petitions are dismissed as withdrawn. The petitioner is given liberty to file a regular appeal as against the order passed in I.A.No.1209 of 2015 and the judgment and decree passed in O.S.No.67 of 2015, in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes/No 12.01.2016 Note : (i) Issue copy of the order by 18.01.2016 (ii) Registry is directed to return the certified copy of the impugned orders to the learned counsel for the petitioner.

Rj To The District Munsif Court, Chengalpet.

M. DURAISWAMY,J., Rj C.R.P.(NPD)Nos.27 & 28 of 2016 & C.M.P.Nos. 150 & 151 of 2016 12.01.2016