Madras High CourtCRP(MD)/1976/2016disposed of

S.Mohan v. Y.Anna Star

2018-06-06Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2018

CORAM

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN C.R.P.(MD).No. 1976 of 2016 and C.M.P.(MD) No. 9300 of 2016 S. Mohan ... Petitioner/Respondent/Defendant Vs.

1. Y. Anna Star

2. M. Hirushikesan (Minor)

3. M. Sivaswathi (Minor) [ Minor Respondents-2 & 3 represented by the first respondent/Mother].

... Respondents/Petitioners/Plaintiffs PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 29.06.2016 in P.O.P. No.89 of 2013 in Unnumbered O.S.No.--- of 2013 on the file of the learned District Judge, Kanyakumari at Nagercoil.

For Petitioner : Mr.Balaji for Mr.M.Ravi For Respondents-1 to 3 : Mr.R.Manimaran

O R D E R

The petitioner has come forward with this Civil Revision Petition to set aside the fair and decreetal order dated 29.06.2016 in P.O.P. No.89 of 2013 in Unnumbered O.S.No.---of 2013 on the file of the learned District Judge, Kanyakumari at Nagercoil.

2. When the matter is taken up for hearing, the learned counsel for the petitioner reported that the suit in O.S.No.50 of 2016 on the file of the learned District Judge, Kanyakumari at Nagercoil was dismissed for default on 04.10.2016. The learned counsel for the petitioner also submitted that a copy of Judgment dated 04.10.2016 in O.S.No. 50 of 2016.

3. Heard both sides and perused the documents available on record.

4. On perusal of the order in O.S.No.50 of 2016, the learned trial Judge without following the procedure under Rule XXXIII Rules 1 and 2 of Code of Civil Procedure,has simply dismissed the suit 'for non-prosecution as plaintiff not taken steps to service of summons of defendant'.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the respondent, who is the plaintiff in O.S.No.50 of 2016, submitted that, though the above said suit was dismissed for non-prosecution on 04.10.2016, he has filed an application for restoring the suit. The application can be proceeded by the respondent, but once the suit was dismissed, this Civil Revision Petition challenging the order of the indigent person is automatically dismissed. Therefore, this Civil Revision Petition is dismissed as infructuous by giving liberty to the petitioner to file an application to restore the Civil Revision Petition if the suit is restored on file. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To The District Judge, Kanniyakumari at Nagercoil.

+1cc to Mr.G.RAMESH, Advocate Sr.No.67225 Ksa MK/SB/SAR 4/28.06.2018/2P/3C C.R.P.(MD).No. 1976 of 2016 and C.M.P.(MD) No. 9300 of 2016 06.06.2018 https://hcservices.ecourts.gov.in/hcservices/