T.G.Srinivasan v. S.Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022 Coram The Hon'ble Mr. Justice C.V.KARTHIKEYAN C.R.P.PD.No.3005 of 2017 and C.M.P.No.14126 of 2017 T.G.Srinivasan ... Petitioner/Petitioner/Defendant Vs.

S.Prakash ... Respondent/Respondent/Plaintiff Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the docket order dated 07.08.2017 passed in I.A.No. of 2017 in O.S.No.602 of 2015 by the XIII Assistant City Civil Court, Chennai.

For Petitioner ..

No appearance For Respondent ..

No appearance

ORDER

There is no representation on either side. There was also no representation even on the previous hearing date. 2.The revision petitioner was the defendant in O.S.No.602 of 2015 on the file of the XIII Assistant City Civil Court, Chennai. 3.This Civil Revision Petition has been filed by the revision petitioner / defendant in the suit, questioning an order in an un-numbered I.A of the year 2017, which Interlocutory Application had been filed under Order 9 Rule 7 CPC to set aside the exparte order dated 03.08.2017 in O.S.No.602 of 2015. The said application was unnumbered owing to the fact that it had been returned on the issue of maintainability stating that the judgment had been pronounced in the main suit and therefore, the application filed to set aside the exparte order is not maintainable. Reasoning of the return is correct. 4.The Civil Revision Petition will not lie and the same is dismissed. Consequently, connected Civil Miscellaneous Petition is closed. No order as to costs.

28.03.2022 Internet:Yes/No Index:Yes/No smv To

The XIII Assistant City Civil Court, Chennai. C.V.KARTHIKEYAN,J.

Smv C.R.P.PD.No.3005 of 2017 and C.M.P.No.14126 of 2017 28.03.2022