THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR C.R.P.(NPD).SR.No.77863 of 2016
Lakshmi .. Petitioner Vs.
1. K.Thangadurai
2. A.Palanisami
3. A.Shanmugam
4. A.Chidambaram
5. A.Velusamy
6. A.Chellappan
7. Sheeba Akbar .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 07.10.2013 made in I.A.No.1733 of 2009 in O.S.No.1332 of 2009 on the file of I Additional District Munsif, Coimbatore and submits the same is erroneous, illegal and liable to be set aside.
For Petitioner : Mr.S.Thangavel O R D E R The petitioner has filed this Civil Revision Petition to set aside the fair and final orders dated 07.10.2013 made in I.A.No.1733 of 2009 in O.S.No.1332 of 2009 on the file of the Court of I Additional District Munsif, Coimbatore and submits the same is erroneous, illegal.
2. The learned counsel for the petitioner would submit that the trial court without considering the counter affidavit filed by the petitioner herein/1st respondent has allowed the application. According to the learned counsel for the petitioner, the order passed by the court below is perverse and illegal and hence the petitioner has filed the present revision petition.
3. This matter was posted today under the caption for maintainability. Office has pointed out that the court below has allowed the application under Order 7 Rule 11 of C.P.C. and rejected the plaint and therefore, the said order passed by the court below is termed as decree passed under Section 2(2) of CPC. In the light of the decision of the Hon'ble Supreme Court and this Court, the rejection of plaint is termed as decree passed under Section 2(2) of CPC, the petitioner is having the remedy to file an appeal before the Appellate court. Therefore, it is open to the petitioner to approach the concerned Appellate court, challenging the said judgment and decree.
4. With the above direction, this revision petition is dismissed, at SR stage. No costs.
14.11.2017
Index: Yes/No Speaking Order/Non-Speaking Order ssn To The XII Assistant Judge, City Civil Court, Chennai.
D. KRISHNAKUMAR, J., ssn C.R.P.(NPD).SR.No.77863 of 2016 14.11.2017