THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR C.R.P.(PD).SR.No.36999 of 2017
and M.P.SR.No.37001 of 2017 R.Kannan .. Petitioner Vs.
D.Bhama .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 10.01.2017 in I.A.No.13858 of 2016 in O.S.No.2400 of 2016 passed by the XII Assistant Judge, City Civil Court, Chennai, rejecting the plaint in O.S.No.2400 of 2016 filed by the revision petitioner herein.
For Petitioner : Mr.M.Shanmugavelu O R D E R The petitioner has filed this Civil Revision Petition to set aside the fair and final orders dated 10.01.2017 made in I.A.No.13858 of 2016 in O.S.No.2400 of 2016 passed by the XII Assistant Judge, City Civil Court, Chennai, rejecting the plaint in O.S.No.2400 of 2016 filed by the revision petitioner herein.
2. The learned counsel for the petitioner would submit that the trial court without considering the counter affidavit filed by the petitioner herein/respondent has allowed the application. Since the order passed by the court below is perverse and illegal, the petitioner now prayed that an appropriate opportunity may be given and therefore the 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 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 and 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.(PD).SR.No.36999 of 2017 and M.P.SR.No.37001 of 2017 14.11.2017