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Madras High CourtCRP/2399/2021allowed

V.Andal v. V.Soupramanian

2022-02-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P. No.18216 of 2021 1.V.Andal 2.V.Prabu ... Petitioners Vs.

1.V.Soupramanian 2.V.Aroumougam ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the Fair and Decreetal Order dated 12.08.2021 passed in I.A. No.492 of 2020 in O.S. No.145 of 2020 on the file of the Principal Sub-Judge, Puducherry.

For Petitioners :

Mr.T.S.Baskaran For 1st Respondent :

Served - No Appearance For 2nd Respondent :

Mr.R.Sreedhar 1/4

O R D E R

The defendants 2 and 3 have challenged the order passed by the learned Principal Subordinate Judge, Puducherry in I.A.No.492 of 2020 in O.S.No.145 of 2020 in and by which, the learned Judge has dismissed the application filed by the petitioners to reject the plaint. This Court is not going into the details of the rival contentions.

2. Considering the fact that the impugned order is a non-speaking one line order giving no reasons for the order the same has to necessarily be set aside. Accordingly, this Civil Revision is allowed and the matter is remitted back for fresh consideration to the learned Principal Subordinate Judge, Puducherry. The learned Judge shall endeavour to dispose the Petition within a period of one month from the date of receipt of a copy of this order giving a speaking order. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

22.02.2022 Index : Yes/No Speaking Order : Yes / No ab/ssn 2/4

To

1. The Principal Subordinate Judge, Puducherry.

2.The Section Officer, VR Section, Madras High Court, Chennai.

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P.T. ASHA, J, ab/ssn and C.M.P. No.18216 of 2021 22.02.2022 4/4