M.Gunasekaran v. Rajalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR C.R.P. (PD).No.2997 of 2024 and C.M.P.No.16078 of 2024 M.Gunasekaran ... Petitioner Vs.

Rajalakshmi ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order dated 05.03.2016 passed in I.A.No.165 of 2013 in O.S.No.91 of 2006 on the file of the Principal Subordinate Court, Krishnagiri and strike off the plaint in O.S.No.91 of 2006 on the file of the Principal Subordinate Court, Krishnagiri. For the Petitioner : Mr.C.Jagadish

O R D E R

The petitioner has filed the present Civil Revision Petition to set aside the order dated 05.03.2016 passed in I.A.No.165 of 2013 in O.S.No.91 of Page No.1 of 4

2006, on the file of the Principal Subordinate Court, Krishnagiri, whereby the petitioner's prayer to reject the plaint was dismissed.

2. It is submitted by the learned counsel for the petitioner that now O.S.No.91 of 2000 has been dismissed for default. Hence the present prayer of challenging the rejection of plaint could not be proper. In the event of restoration of O.S.No.91 of 2006, he seeks permission of this Court to renew the CRP seeking to reject the plaint.

3. In view of the submissions made by the learned counsel for the petitioner, this Civil Miscellaneous Petition is dismissed as withdrawn, granting liberty to the petitioner to renew the present CRP, if the suit is restored. No costs. Consequently, the connected miscellaneous petition is closed.

30.07.2024 Jer Index: Yes/ No Internet: Yes/ No Speaking Order/ Non Speaking Order Page No.2 of 4

To The Principal Subordinate Judge Principal Subordinate Court, Krishnagiri.

Page No.3 of 4

M.NIRMAL KUMAR,J.

Jer C.R.P. (PD).No.2997 of 2024 30.07.2024 Page No.4 of 4