R.Justin v. Tamilnadu Grama Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.2359 of 2025 R.Justin ... Petitioner/Respondent/ Defendant Vs.

Tamil Nadu Grama Bank, Thiruvattar Branch, Represented by its Manager.

... Respondent/ Petitioner/ Plaintiff PRAYER: Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, to call for the records pertaining to the order, dated 09.03.2024 in E.P.No.25 of 2023 in O.S.No.52 of 2019 on the file of the learned Subordinate Judge, Padmanabhapuram, Kayakumari District and to set aside the same.

For Petitioner : Mr.S.Karthikeyan 1/4

ORDER

The judgment debtor in O.S.No.52 of 2019 on the file of Sub Court, Padmanabhapuram is the revision petitioner herein.

2. A perusal of the records reveal that the revision petitioner was set ex parte on 09.03.2024 in E.P.No.25 of 2023 for not filing counter. Challenging the same, the present revision petition has been filed. So far, final orders have not been passed in the E.P.

3. In such circumstances, the revision petitioner is at liberty to file an application to set aside the ex parte order along with the counter in the E.P. Therefore, this revision petition is not maintainable.

4. This Civil Revision Petition stands dismissed with the said liberty. No costs. Consequently, connected Miscellaneous Petition is closed.

07.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 2/4

To 1.The Subordinate Judge, Padmanabhapuram, Kayakumari District.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in 07.02.2025 4/4