← Library
Madras High CourtCRP/3848/2012disposed of

The Manager v. M/S Krishna Traders

2016-06-29Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.3848 of 2012 and M.P.No.1 of 2012 The Manager, Central Bank of India, Mogapair, Chennai.

... Petitioner vs M/s.Krishna Traders represented by its Proprietor, T.V.Krishna Road, residing at V.V.Giri Street, D.M.Nagar, Annanoor, Chennai - 600 109.

... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned XVI Assistant City Civil Judge, Chennai, passed in I.A.No.12170 of 2010 in O.S.No.2061 of 2010 on 09.03.2012. For Petitioner :

M/s.N.V.S. and Associates For Respondent :

No appearance *****

O R D E R

Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

2. This revision arises against the order of learned XVI Assistant City Civil Judge, Chennai, passed in I.A.No.12170 of 2010 in O.S.No.2061 of 2010 on 09.03.2012.

3. Heard learned counsel for petitioner.

4. The reasoning of the Court in dismissing I.A.No.12170 of 2010 in O.S.No.2061 of 2010 totally is erroneous. A decision upholding a petition under Or.7 R.11 CPC would result in nipping unnecessary litigation at the bud. It would but be appropriate to take up an application under Or.7 R.11 CPC and decide the same on merits. Only in the event of dismissal of such petition, would be appropriate to proceed further.

For the aforesaid reasons, the Civil Revision Petition is allowed. The order of learned XVI Assistant City Civil Judge, Chennai, passed in I.A.No.12170 of 2010 in O.S.No.2061 of 2010 on 09.03.2012, is set aside. Learned XVI Assistant City Civil Judge, Chennai, is directed to take up I.A.No.12170 of 2010 in O.S.No.2061 of 2010 on file and decide the same on merits within a period of one month from the date of receipt of this order. No costs. Consequently, connected miscellaneous petition is closed.

29.06.2016 Index:yes/no Internet:yes gm To The XVI Assistant City Civil Judge, Chennai.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.3848 of 2012 29.06.2016