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Madras High CourtCRP/3837/2022dismissed with liberty

Hare Krishna Movement v. C.Jeyachandran

2022-11-25Honourable Mr Justice S. Sounthar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR Hare Krishna Movement Represented by its Vice President Mr.Kodandarama Dasa No.63, 1st Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai - 600 041.

...Petitioner

Versus

C.Jeyachandran ...

Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to set aside the fair and decreetal order dated 08.11.2022 passed in I.A.No.2 of 2021 in O.S.No.2703 of 2019 on the file of XVII Assistant City Civil Court, Chennai.

For Petitioner : Mr.S.Veeraraghavan O R D E R The Civil Revision Petition is filed against the order dismissing the application filed by the petitioner seeking to set aside the exparte decree dated 25.07.2019.

2. The order dismissing the petition to set aside the exparte decree is an appealable order under Order 43, Rule 1(d) of Civil Procedure Code. Therefore, the Civil Revision Petition is not maintainable and consequently, the same is dismissed with liberty to the petitioner to file appropriate application.

3. With the above liberty, the Civil Revision Petition stands dismissed. No costs.

25.11.2022 nti Index: Yes/ No Speaking Order / Non-Speaking Order Note: If the petitioner has submitted the original plaint at the time of filing the Civil Revision Petition, Registry is directed to return the same.

To The XVII Assistant City Civil Court, Chennai.

S.SOUNTHAR , J.

nti 25.11.2022