Madras High CourtCRP(MD)/937/2026dismissed

Poornima Sivaprasad, v. M. Murugan

2026-04-06Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2026

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN 1.Poornima Sivaprasad 2.Vikranth Gopula Represented through his power agent, Poornima Shivaprasad ... Petitioners vs.

1.M.Murugan 2.P.Sathana Udaiyar 3.M.Manoj Kumar 4.M.Sundar 5.R.Jeevanantham 6.P.Ganesan 7.Urmila ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the diary order dated 22.10.2025 made in I.A.No.1 of 2025 in O.S.No.66 of 2025 on the file of District Munsif Court, Madurai Taluk and allow the Civil Revision Petition. 1/4

For Petitioner : Mr.R.G.Shankar Ganesh

O R D E R

Heard Mr.R.G.Shankar Ganesh, for Civil Revision Petitioners.

2. Mr.R.G.Shankar Ganesh impugns the procedural direction given by the learned District Munsif, Madurai Taluk, calling upon him to serve notice on respondents 1 to 3 in the application filed by the Civil Revision Petitioners to implead herself in O.S.No.66 of 2025. Such a procedural direction is incapable of being revised.

3. Mr.Shankar Ganesh urges that defendants 1 to 3 have not been served in the suit itself and hence, it is an empty formality to serve them with the notice in the impleading application. Assuming for a moment that the statement is to be true, all the more reason that defendants 1 to 3 are entitled to be put on notice. Whether or not the petitioner is a proper and necessary party in the proceedings is to be decided after hearing all the parties.

4. There is no provision in the Code to exempt a party, arrayed as a respondent, with notice, unless and until he or she has been remained ex-parte in the main proceedings. As defendants 1 to 3 have 2/4

not yet been declared as ex-parte in the suit, they have to be necessarily served with a notice. The same procedure which applies to suit, applies to miscellaneous proceedings as well vide Section 141 of the Code of Civil Procedure.

5. Both on maintainability as well as on merits, I do not find any merit. Hence, this Civil Revision Petition is dismissed. No costs. Index :Yes / No 06.04.2026 Internet :Yes / No NCC :Yes / No Nsr To:

The District Munsif Court, Madurai Taluk.

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V.LAKSHMINARAYANAN, J.

Nsr Order made in C.R.P(MD)No.937 of 2026 06.04.2026 4/4