Madras High CourtCRP(MD)/1093/2017dismissed

C.J.Mariapapuraj v. C.J.Mahesh,

2017-06-08Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(MD)No.1093 of 2017 and C.M.P(MD)No.4827 of 2017 1.C.J.Mariapapuraj 2.Packialakshmi ... Petitioners Vs.

C.J.Mahesh ... Respondent PRAYER:Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decretal order dated 12.09.2016 in I.A.No.519 of 2016 in O.S.No.33 of 2015 on the file of the Principal District Munsif, Madurai Town. For Petitioners : Mr.G.Prabhu Rajadurai For Respondent : No Appearance

O R D E R

The Civil Revision Petition is filed against the fair and decretal order dated 12.09.2016 in I.A.No.519 of 2016 in O.S.No.33 of 2015 on the file of the Principal District Munsif, Madurai Town.

2. The application in I.A.No.519 of 2016 is filed under Section 151 of C.P.C., to revoke the leave granted to the plaintiff to be represented by her power agent. The reason for filing such an application as found in the petition is that according to the revision petitioner, the power of attorney document based on which leave granted was not a registered document.

3. The trial Court rightly said that under Order III Rule 2 of C.P.C., the power of attorney document need not be a registered document and on prima facie satisfaction that the principal is not in a position to institute the suit. It has permitted the power agent to proceed with the suit.

4. This Court finds no reason or justification to interfere https://hcservices.ecourts.gov.in/hcservices/

with the said order. If the revision petitioner has any other ground or reason to challenge the leave granted, it is always open to him to do so. Accordingly, this Civil Revision petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To The Principal District Munsif, Madurai Town.

+ 1 CC TO Mr.G.PRABHU RAJADURAI, ADVOCATE IN SR No. 59482 AKV TE/KKR/SAR-I : 21/06/2017 : 2P/3C C.R.P.(MD)No.1093 of 2017 and C.M.P(MD)No.4827 of 2017 08.06.2017 https://hcservices.ecourts.gov.in/hcservices/