R. Chokkalingam v. E. Murugan

T.V.THAMILSELVI, J.

This matter is taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the revision petitioner.

2. The learned counsel for Revision Petitioner would submit that this Court by an order dated 11.12.2023 disposed of the above C.R.P.. However, the learned counsel would submit that in para 5 of the order, this court granted permission to the plaintiffs to proceed with E.P. proceedings, but the same may be deleted. Hence, he prayed to modify the same. Accordingly, the matter is listed today.

3. Considering his submissions, in para 5 of the order shall be substituted as follows :- "5. Records perused. As per the submissions made by the learned counsel for respondents/defendants, before the trial court, they are having valid defence, however they are illiterate persons and due to lack of communication, they were not able to follow the proceedings. Therefore, to give one more opportunity 1/3

as rightly observed by the trial judge, this court is not inclined to interfere with the order passed by the trial judge. However, on seeing the delay, this court is inclined to direct the respondents/defendants to deposit a suit cost spent by the Revision Petitioners/plaintiffs a sum of Rs.42,120/- within a period of four weeks from the date of receipt of copy of this order, failing which, the application will be dismissed. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed. "

4. Registry is directed to incorporate above correction in the Order of this Court in C.R.P.No. 4575 of 2023 dated 11.12.2023 and issue fresh order copy to the Revision Petitioner.

22.12.2023 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.R.P. No. 4575 of 2023 22.12.2023 3/3