Arayee v. K.Ponnuswamy

C.R.P.No.2607 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2023 CORAM : JUSTICE N.SESHASAYEE C.R.P.No.2607 of 2019 and CMP.No.17209 of 2019 Arayee .. Petitioner / 1st Respondent / 2nd Plaintiff Vs 1.K.Ponnuswamy 2.Sellammal .. Respondents / Petitioners / Defendant , 1st Plaintiff Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order in I.A.No.3 of 2019 in O.S.No.586 of 2016 dated 26.03.2019 on the file of I Additional District Munsif, Erode.

For Petitioner : Mrs.Karthigaipriya for Mr.B.Nedunchezhiyan For Respondents : No appearance [R1]

ORDER

This revision is filed by the second plaintiff challenging an order passed by the trial Court in I.A.No.3 of 2019 in O.S.No.586 of 2014, permitting the defendant to be represented by a Power of Attorney. 1/2 https://www.mhc.tn.gov.in/judis

C.R.P.No.2607 of 2019 N.SESHASAYEE.J., ds

2. Heard Mrs.Karthigaipriya, learned counsel for the revision petitioner. One wonders why the revision at all should be filed since it is the statutory right of a litigant to seek to be represented through a Power of Attorney. And it is not known how at all it can prejudice the plaintiffs. However, what saves the day for the revision petitioner is that the very principal who had executed the Power of Attorney has now passed away, reducing to the very order now under challenge is not the effective one.

3. In the result, nothing survives in this revision, and accordingly the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

17.04.2023 Index : Yes / No Speaking Order / Non-speaking Order ds To:

1.The I Additional District Munsif, Erode.

2.The Section Officer, VR Section, High Court, Madras. C.R.P.No.2607 of 2019 2/2 https://www.mhc.tn.gov.in/judis