Madras High CourtCRP(MD)/1990/2018allowed

R.Ramya, v. R.Thalaimalai,

2018-10-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.1990 of 2018 R.Ramya ... Revision Petitioner/ Petitioner/Appellant/Plaintiff Vs 1.R.Thalaimalai 2.B.Rajammal 3.B.Ramasubramani 4.B.Selvalakshmi 5.D.Dhanalakshmi 6.R.Tamilveerarajan 7.R.Chellaiah 8.R.Ramasamy ... Respondents/Respondents/ Respondents/Defendants PRAYER : Petition filed under Section 115 of Civil Procedure Code to call for the records of the order dated 07.06.2018 in I.A.No.317 of 2017 in A.S.No.unnumbered of 2017, on the file of Principal District Court, Srivilliputhur and set aside the same. For Petitioner : Mr.S.Balamurugan For R1 : No appearance

ORDER

The revision petitioner is the plaintiff in O.S.No.296 of 2012 on the file of the Sub Court, Srivilliputhur. The suit was dismissed. Questioning the same, she filed an appeal before the Principal District Judge, Srivilliputhur. The appeal was filed with a delay of 36 days. The Court below was pleased to condone the delay on payment of cost. The cost was not paid. Therefore, the condone delay petition suffered a dismissal. Challenging the same, this Civil Revision Petition has been filed.

2.Inorder to render substantial justice, the order impugned in this Civil Revision Petition is set aside and the Court below is directed to number the First Appeal and dispose of the same on merits and in accordance with law after giving notice to the respondents.

3.However, the petitioner is to be put on terms. The learned counsel for the petitioner undertakes that he would pay a sum of Rs.500/- to the Mediation Center attached to the Principal District Judge, Srivilliputhur, within a period of one week from the date of receipt of a copy of this order. He shall pay a further sum of Rs.500/- to the Siddha Clinic attached to this Bench. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Principal District Judge, Srivilliputhur, Virudhunagar District.

2. The Officer Incharge, Mediation Center attached to the Principal District Judge, Srivilliputhur.

3. The Officer Incharge, Siddha Clinic, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Balamurugan, Advocate Sr.No.92774 PNN VB/BK/SAR2/07.12.2018/2P/5C ORDER MADE IN C.R.P.(PD)(MD)No.1990 of 2018 29.10.2018 https://hcservices.ecourts.gov.in/hcservices/