Madras High CourtCRP(MD)/1634/2016allowed

The General Manager, v. Ammairappan

2018-10-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)No.1634 of 2016 and C.M.P.(MD)No.7953 of 2016 The General Manager, Power Grid Corporation, Abishekapatti Village, Thilak Nagar, (Hotel Aaryas behind), Now at Vellangulam Post, Near M.S.University, Tirunelveli - 627 012.

... Petitioner /Vs./ Ammaiappan ... Respondent Prayer: Civil Revision Petition - filed under Section 115 of the Civil Procedure Code, to set aside the petition and order dated 16.11.2009 passed in I.A.No.988 of 2009 in O.S.No.541 of 2006 on the file of the Principal District Munsif Court, Tenkasi and allow the present civil revision petition.

For Petitioner : Mr.S.Suresh for M/s.Aiyar & Dolla For Respondent : No appearance

ORDER

The second defendant in O.S.No.541 of 2006 on the file of the Principal District Munsif, Tenkasi is the revision petitioner herein. An exparte decree came to be passed. To set aside the same, the revision petitioner filed an application. There was a delay of 578 days in filing such application. The application was allowed on payment of cost of Rs.600/-. The plaintiff has taken earnest steps to comply with the said order. The Court below had chosen to dismiss the said IA on the ground that the condition has not been complied with. The said order is challenged in this civil revision petition.

2. This Court is satisfied that the revision petitioner had taken earnest steps to comply with the order passed by the Court below. In this view of the matter, the order impugned in this civil revision petition is set aside and accordingly, this civil revision petition is allowed.

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3. The revision petitioner shall deposit a sum of Rs.1,200/- [Rupees One Thousand and Two Hundred only] to the credit of O.S.No.541 of 2006 on the file of the Principal District Munsif, Tenkasi. It is open to the plaintiff to withdraw the same. Accordingly, this civil revision petition is allowed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To The Principal District Munsif, Tenkasi.

C.R.P.(MD)(PD)No.1634 of 2016 NM/SKN/SAR IV/13.11.18/2P/2C.

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