P.Gandhi v. S.Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P.No. 3499 of 2018 and C.M.P.No. 19615 of 2018 P.Gandhi

...Petitioner

Vs.

S.Murugan ..Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decreetal order dated 14.09.2018 made in I.A.No. 132/2017 in O.s.No. 34/2014 on the file of the Principal District Court, Tiruvannamalai. For Petitioner : Mr.K.Venkatasubban for Sarvabhauman Associates For Respondent : Mr.B.Jawahar

O R D E R

1. This civil revision petition has been filed as against an order condoning the delay of 617 days in filing a petition to set aside the exparte decree.

2. A perusal of the order of the Trial Court shows that the petitioner / plaintiff has in fact represented before the Trial Court that the petition can be allowed and the delay can be condoned on payment of costs. I am unable to understand as to how revision at the instance of the petitioner could be maintained when such a representation has been made before the Trial Court. I am not inclined to go in to merits of the revision in view of the concession made before the Trial Court. Therefore, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

kkn To:- The Principal District Judge, Tiruvannamalai.

C.R.P.No. 3499 of 2018 and C.M.P.No. 19615 of 2018 SV(CO) RMP(13/10/2020) https://hcservices.ecourts.gov.in/hcservices/