R.Chokalingam v. Minor G.Arun,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(PD)No.1788 of 2002 R.Chokalingam ... Petitioner vs.

1.Minor G.Arun 2.Minor G.Mahendran Minors repd. by the father and Natural guardian Dr.R.Govindasami

3. Venkatesan 4.The Vridhachalam Municipality Repd by its Commissioner Vridhachalam Cuddalore District.

5. Manivasagam

6. Sridharan

7. Muralidharan 8.Nagoorkani

9. Arumugam 10.Giridharan ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, against the Judgement and decree dated 04.12.2000 made in I.A. No.392 of 1999 in O.S. No.477 of 1996 on the file of the Principal District Munsif, Vridhachalam. For Petitioner : Mr.V.Raghavachari For Respondents : Mr.R.Akilesh for Mr.N.Maninarayanan - for R1 & R2 No appearance - for R3 to R10

O R D E R

Challenging the order passed in I.A. No.392 of 1999 in O.S. No.477 of 1996 on the file of the Principal District Court, Vridhachalam, the plaintiff has filed the above Civil Revision Petition.

2. The plaintiff has filed the suit in O.S. No. 477 of 1996 for declaration, permanent injunction and for other reliefs. In the said suit, the defendants filed an application in I.A.No.392 of 1999 to dismiss the suit. The said application was filed under section 151 of the Civil Procedure Code.

3. The Trial Court, by order dated 04.12.2000, allowed the application without assigning any reason. The only reason assigned by the Trial Court is that the plaintiff did not file his counter in the said application.

4. It is settled position that the Courts should pass a detailed/reasoned order and a non-speaking order cannot be sustained.

5. Since the present application has been allowed by the Trial Court without assigning any reason, I am of the considered view that the order passed by the Trial Court should be set aside and remitted back to the Trial Court for fresh consideration.

6. Accordingly, the order passed in I.A. No.392 of 1999 in O.S. No.477 of 1996 is set aside and the matter is remitted back to the Principal District Court, Viridhachalam for fresh consideration. The Principal District Munsif, Vridhachalam is directed to decide the matter afresh after giving due opportunity of hearing to all the parties.

With these observations, the Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Rj To

1. The Principal District Munsif, Vridhachalam.

2. The Commissioner Vridhachalam Municipality Vridhachalam Cuddalore District.

Copy To The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr.V.Mani Narayanan, Advocate, S.R.No.2124 +1cc to Mr.V.Raghavachari, Advocate, S.R.No. 1724 C.R.P.(PD)No.1788 of 2002 AD(CO) GN(28/01/2019)