This revision petition is directed against the dismissal of the application filed to restore A.S.No.72 of 2005 on file which was dismissed for default.
2.When the revision petition came up for admission, this Court has ordered notice of motion returnable by four weeks and permitted the revision petitioner to take private notice to the respondents. This order was passed on 19.02.2009, but the revision petitioner has not filed any proof of service regarding service of notice on the respondent.
3.The records reveal that court notice was returned on 04.01.2012 with an endorsement that Ibrahimsha, power agent of the respondent/Mariam Beevi died six months back and summons returned with due endorsement dated 04.01.2012. Thereafter, this Court on 08.11.2012 has granted 15 days time to the revision petitioner to take private notice to the respondent through the lower Court counsel. In spite of this order, the revision petitioner has not taken any interest to serve notice to the respondent through the lower court counsel as permitted and directed by this Court.
4.In spite of adjournments, the only positive act done by the counsel for the revision petitioner is to file a memo dated 01.12.2014 stating that power agent of the respondent died on 25.03.2011 and to record the same and pass necessary orders. This clearly shows that the revision petitioner in spite of his knowledge that the power agent of the respondent died and in spite of the direction of this Court to serve notice through the lower court counsel, without taking necessary steps, he has just informed this Court about the death of the power agent and record the same and pass necessary orders.
5.As intended by the counsel for the petitioner in his memo, this Court records the death of the power agent and dismisses this revision since the revision petitioner has not evinced any interest to serve notice on the respondent and pursue the revision petition.
Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
To The Additional District Judge (Fast Track Court), Pudukottai..