Madras High CourtCRP(MD)/94/2017dismissed

Arul Kavimani v. Amali Rani

2017-01-18Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2017

CORAM:

THE HONOURABLE Mr.JUSTICE V.M.VELUMANI C.R.P.(MD)No.94 of 2017(PD) Arul Kavimani

...Petitioner/Petitioner/2nd

Defendant Vs.

1. Amali Rani

2. Idhaya Rani

...Respondents/Respondents/

Plaintiffs PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India to direct the Additional District Court to number the unnumbered I.A.S.R.No.1344 of 2016 in O.S.No.1 of 2016 on the file of the Additional District Court, Ramanathapuram. Party in Person : Mr. Arul Kavimani

O R D E R

The petitioner has filed this Civil Revision Petition to to direct the Additional District Court to number the unnumbered I.A.S.R.No.1344 of 2016 in O.S.No.1 of 2016 on the file of the Additional District Court, Ramanathapuram.

2.The petitioner filed an interlocutory application for a prayer to decide the correctness of the valuation of the suit property and the appropriate payment of Court fees before deciding the suit on merits. The petitioner filed application with verifying affidavit. The said I.A.SR.No.1344 of 2016 was returned on various dates for certain compliance for not filing petition along with affidavit on 01.12.2016 the said I.A., was rejected on the ground that the petitioner failed to rectify the defects directing him to file a petition along with affidavit. 3.Against the said rejection, the petitioner has come out with the present Civil Revision Petition.

4.The petitioner argued in person and submitted that the order of the learned Judge rejecting the application is contrary to law, without consideration and devoid of merits. The learned Judge has https://hcservices.ecourts.gov.in/hcservices/

rejected the I.A., on the ground that the petitioner has not filed petition along with affidavit.

5.Heard Mr.Arul Kavimani, Party-in-person and also perused the materials on record.

6.As per the procedure, the petitioner has to file a petition and affidavit to support his claim. The petitioner admittedly not filed any petition and failed to follow the procedure. In view of the same, there is no error in the order of the learned Judge. 7.In the result, the Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar am To The Additional District Court, Ramanathapuram.

GJM/BS/MR/6.2.17-2p-2c C.R.P(MD)No.94 of 2017 (PD) 18.01.2017 https://hcservices.ecourts.gov.in/hcservices/