Madras High CourtCRP(MD)/49/2023dismissed

S.Gopal, v. Suriya,

2023-02-27Honourable Mr Justice R.Vijayakumar2 pages

C.R.P(MD)No.49 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(MD)No.49 of 2023 and C.M.P(MD)No.256 of 2023 1.S.Gopal 2.S.Marimuthu 3.S.Sundaramoorthy 4.T.Marimuthu 5.P.Arumugam ... Petitioners/Respondents/ Plaintiffs Vs.

Suriya ... Respondent/Petitioner/ 24th Defendant PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records and set aside the Fair and Decreetal order dated 21-06-2022 in I.A.No.2 of 2021 in O.S.No.32/2021 on the file of the file of the learned Additional District and Sessions Judge, Srivilliputhur and allow this Civil Revision with costs.

For Petitioners : Mr.M.Gnana Gurunathan For Respondent : Mr.S.V.Nagarajan

ORDER

The plaintiffs have filed the present revision petition challenging an order, under which an application under Order 7 Rule 11 has been allowed and the plaint has been rejected.

2. When the plaint is rejected invoking the powers under Order 7 Rule 11, only a regular first appeal lies before the first appellate Court and revision petition is not maintainable. https://www.mhc.tn.gov.in/judis 1/2

C.R.P(MD)No.49 of 2023

3. Therefore, the Civil Revision Petition is dismissed. However, the period between 20.10.2022 and 27.02.2023 shall stand excluded, if the petitioner chooses to file a first appeal for calculating a period of limitation.

4. With the said observation, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // /03/2023 Sub Assistant Registrar(CS) gbg To 1.The Additional District and Sessions Judge, Srivilliputhur.

2.The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai.

(To return the Original impugned order) +1 CC to M/s.M.GNANAGURUNATHAN, Advocate ( SR-11231[F] dated 28/02/2023 ) C.R.P(MD)No.49 of 2023 27.02.2023 MGJ(13.03.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2