Madras High CourtCRP(MD)/1922/2016dismissed

Ramesh (M/38) v. Meenakumar (F/42)

2018-09-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)Nos.1922 of 2016 and C.M.P.(MD)No.9134 of 2016 Ramesh

...Petitioner/Petitioner/1st Respondent

Vs.

1.Meenakumar 2.N.Krishna 3.Dhanalakshmi

...Respondents/Respondents/Claimants

PRAYER: Petition filed under Article 227 of Constitution of India, to call for the records relating to the order passed in I.A.No.207 of 2015 in M.C.O.P.No.29 of 2009 dated 28.11.2005 on the file of the Subordinate Judge, Kovilpatti and set aside the fair and decreetal order.

For Petitioner : Mr.V.Perumal For Respondents: Mr.M.Elanchezhian

ORDER

The revision petitioner herein is shown as the first respondent in M.C.O.P.No.29 of 2009 on the file of the Sub Court/ MACT, Kovilpatti. The revision petitioner is the vehicle owner. He filed I.A.No.205, 206 and 207 of 2015 for reopening the case and for recall of witness and to send for certain documents. A common order was passed by the Court below dismissing all the applications on the ground that they are grossly belated. Questioning the same this Civil Revision Petition has been filed. 2.When the matter was taken up for hearing, the learned counsel for the contesting respondents rightly pointed out that when three applications were filed, one for reopening, second for recall of witness and the third one for sending for the documents, the Civil Revision Petition against the third I.A., alone will not lie. The revision petitioner must have filed three Civil Revision Petitions, questioning the dismissal of the three I.As. https://hcservices.ecourts.gov.in/hcservices/

3.Therefore, this Civil Revision Petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) To Subordinate Judge, Kovilpatti.

PNN BU/RP/SAR-III : 09.10.2018 : 2P/2C ORDER MADE IN C.R.P.(PD)(MD)Nos.1922 of 2016 and C.M.P.(MD)No.9134 of 2016 07.09.2018 https://hcservices.ecourts.gov.in/hcservices/