Madras High CourtCMP(MD)/2754/2017dismissed

C.Virumayee v. V.Ramachandran (Died)

2017-04-20Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.M.P.(MD).No.2754 of 2017 in C.R.P.(MD).S.R.No.12478 of 2015 C.Virumayee ... Petitioner/Petitioner vs.

V.Ramachandran(Died) R.Panchavarnam ... Respondent/Respondent Prayer: The Civil Miscellaneous Petition is filed under Order IV Rule 9(4) of Appellate Side Rules, to condone the delay of 633 days in representing the Civil Revision Petition in C.R.P.S.R.No.12478 of 2015.

Prayer: The Civil Revision Petition is filed under Section 115 of Civil Procedure Code against the fair and decreetal order dated 07.11.2014 made in I.A.No.24 of 2012 in A.S.No.125 of 2010 on the file of the Principal Sub Court, Madurai in O.S.No.107 of 2008 on the file of learned Principal District Munsif, Madurai Town. For Petitioner : Mr.J.Lawrance

O R D E R

The application I.A.No.24 of 2012 has been filed to amend the plaint in the appeal under Order 6 Rule 16 and 17 and Section 151 of C.P.C., pending disposal of the appeal was dismissed along with the first appeal. Aggrieved by that, the present revision petition is filed against I.A.No.24 of 2012, dismissing the I.A.No.24 of 2012 to amend the plaint. This Court has returned the papers for certain defects. Instead of representing the papers in time, the petitioner herein has represented the revision petition papers after delay of 663 days. The reason for the delay of 663 days in representation is narrated in para-8 of the the affidavit. "8. I submit that on 16.03.2015 the aforesaid Civil Revision Petition in C.R.P.SR.(MD).No.12478 of 2015 was filed before this Hon'ble Court. On 19.03.

2015 the office of this Hon'ble Court returned the papers for certain compliances and my counsel has kept the same in his office. I submit that during that period my counsel has carried out some renovation works in his office as his office was in dilapidated condition and at that juncture the bundle was mingled with some other bundles and he was not able to trace out the same immediately and only on https://hcservices.ecourts.gov.

21.12.2016 my counsel was able to find out my revision bundle and thereafter on 21.12.2016 the above said revision has been represented. In these circumstances, there is a delay of 633 days in representing the above Civil Revision Petition."

2. The vague explanation for the delay is not convincing. Further, after dismissal of the main appeal, any grievance on dismissal of the Interlocutory Application should be agitated by the parties in the further appeal and not by way of revision. On this ground also the Miscellaneous Petition has become infructuous, since the Revision Petition itself is not maintainable. Hence, these petitions are dismissed. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To The Principal Sub Court, Madurai.

C.M.P.(MD).No.2754 of 2017 in C.R.P.(MD)S.R.No.12478 of 2015 20.04.2017 PSD/AKV kk/SV/08.05.2017-2P-2C https://hcservices.ecourts.gov.in/hcservices/