Radhakrishnan v. Rajendran

ORDER This civil revision petition has been filed under Article 227 of the Constitution of India against the order passed in I.A.No.1 of 2021 in O.S.No.73 of 2016 dated 21-09-2022 wherein the application filed by the petitioner under Order VI Rule 17 CPC came to be partly allowed and the present revision has been filed as against the disallowed portion.

¶2Heard learned counsel for petitioner and learned counsel for respondents and carefully perused the materials available on record. This Court also went through the impugned order.

¶3It is brought to the notice of this Court that during the pendency of the revision, an application came to be filed in I.A.No.3 of 2023 in O.S.No.73 of 2016 by defendants 2 to 6 for rejection of plaint and an order came to be passed on 20.10.2023 rejecting the plaint. Aggrieved by the same, the petitioner has filed an appeal in A.S.No.15 of 2024 on the file of Principal District Court, Coimbatore and the same is pending.

¶4In the light of the above development, even though learned counsel for petitioner expressed reservations in the manner in which the Court below has proceeded to deal with the rejection of plaint application when the civil revision Page3 of 4 petition was pending, this Court does not want to collaterally test the order passed by the Court below while rejecting the plaint. It is left open to both parties to agitate all the grounds before the concerned Court where A.S.No.15 of 2024 is pending. Ultimately, if the petitioner is able to succeed in the appeal, it is left open to the petitioner to revive the claim made for the disallowed portion of the amendment of pleadings sought for by the petitioner. This observation will sufficiently take care of the right of the petitioner. This civil revision petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 17-08-2026 Index: Yes/No Speaking/Non-speaking order gm To The Subordinate Judge, Pollachi, Coimbatore District. Page4 of 4

N.ANAND VENKATESH, J. gm Civil Revision Petition No.512 of 2023 17-08-2026 (1/2)

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Revision Petition No.512 of 2023 and C.M.P.No.4176 of 2023 Radhakrishnan S/o.Nachimuthu Gounder ..Petitioner Vs 1. Rajendran S/o.Nachimuthu Gounder 2. P.Sundarammal W/o.Palanisamy Gounder 3. P.Rajeswari D/o.Palanisamy Gounder 4. P.Samundeswari D/o.Palanisamy Gounder 5. P.Thiruvasakam @ Dhanabal S/o.Palanisamy Gounder 6. P.Kirubakaran @ Giri S/o.Palanisamy Gounder ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order passed in I.A.No.1 of 2021 in O.S.No.73 of 2016 dated 21-09-2022 on the file of the Court of the Subordinate Judge, Pollachi, Coimbatore District. For Petitioner : Mr.V.Ravi For Respondents : Mr.V.Ravi [R1] Mr.B.Bharath Kumar for Mr.V.Nicholas [R2 to R6] ***** Page2 of 4