Madras High CourtCRP(MD)/751/2022dismissed

A.Udayaali v. Shri Ram Chit Tamilnadu Pvt Ltd

2022-04-04Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD)No.751 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM

THE HON'BLE MRS.JUSTICE S.ANANTHI C.R.P(MD)No.751 of 2022 and C.M.P(MD)No.3029 of 2022 A.Udayaali

...Petitioner/3rd Respondent

/3rd Defendant Vs.

1.Shri Ram Chit Tamilnadu Private Limited, No.475A/111, Bangagam Complex, 2nd Floor, Periyakulam Road, Theni, Through its Foreman.

...Respondent/Petitioner/Plaintiff

2.R.Ruby 3.M.Murugesan 4.S.Maariraj

...Respondent Nos.1,2,4/Respondent

1,2,4/Defendant Nos.1,2,4 5.The Principal, Government Vocational Training Centre, Theni District.

...5thRespondent/ Garnishee of Respondent No.3 PRAYER: Civil Revision Petition filed under Article 227 of The Constitution of India, to set aside the order passed in E.P. No. 06 of 2020 in C.D. No. 67 of 2011, on the file of District Munsif Court, Theni, dated 05.03.2021.

For Petitioner : Mr.S.Atham Ali

ORDER

The Civil Revision Petition has been filed to set aside the order passed in E.P.No.06 of 2020 in C.D.No. 67 of 2011, on the file of District Munsif Court, Theni, dated 05.03.2021. 2.The second respondent subscribed a Chit for an amount of Rs.1,00,000/- with first respondent and for that, the revision petitioner stood as surety. Subsequently, the second respondent failed to pay monthly chit amount. So, the first respondent initiated proceedings in C.D.No.67/2011 for an amount of Rs.26,914 with subsequent interest and it was decreed on 27.05.2019. But the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.751 of 2022 revision petitioner has not filed any appeal against that order. 3.E.P.No.06 of 2020 was filed by the first respondent to recover the above decreed amount with interest and costs, which was allowed on 05.03.2021 to attach a sum of Rs.7,317/- from revision petitioner's salary. E.P is pending for five months without any progress and after filing vakalat on 10.07.2020, the petitioner has not taken any steps to settle the matter. Now after attachment order from the salary, he has filed this Civil Revision Petition. Since there is valid decree against this revision petitioner, he cannot file this revision.

4.In view of the above, this Civil Revision Petition is dismissed and the order dated 05.03.2021, made in E.P.No.06 of 2020 in C.D.No. 67 of 2011 passed by the learned District Munsif, Theni, is hereby confirmed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To The District Munsif Court, Theni.

C.R.P(MD)No.751 of 2022 and C.M.P(MD)No.3029 of 2022 04.04.2022 SG(CO) KB(13.06.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2