Madras High Court
Ranganathan vs Ganesan on 17 June, 2021
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
C.R.P.(PD)No.2483 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD)No.2483 of 2018
C.M.P.No.15239 of 2018
Ranganathan ... Petitioner
Vs.
1. Ganesan
2. Papathi @ Chandra
(R2 remained exparte in
the Court below) ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the fair and decreetal order dated
19.04.2018 passed in I.A.No.89 of 2018 in O.S.No.59 of 2012 on the file of
the Court of Subordinate Judge, Chidambaram and allow the said I.A. by
allowing this Civil Revision Petition.
For Petitioner : Mr.A.Muthukumar
For Respondents
For R1 : Mr.S.Sounthar
R2 : Exparte
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https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.2483 of 2018
ORDER
This Civil Revision Petition is directed as against the fair and decreetal order dated 19.04.2018, passed by the learned Subordinate Judge, Chidambaram, in I.A.No.89 of 2018 in O.S.No.59 of 2012, thereby dismissing the petition filed by the petitioner to dismiss the suit.
2. The petitioner is the first defendant and the first respondent is the plaintiff. The first respondent filed suit in O.S.No.59 of 2012 for declaration declaring that the petitioner and the second respondent are his parents. While pending the suit, the petitioner filed petition in I.A.No.524 of 2012 to deliver the interrogatories annexed along with the petition and to direct the respondents to answer them. The said petition was allowed by an order dated 06.06.2014. Thereafter the first respondent was given notice to obey the order passed by the Court below by complying and answering the interrogatories before the trial Court on 14.03.2018 or any other subsequent date. Even then, the first respondent failed to comply the order passed by the Court below dated 06.06.2014 as such, the petitioner was constrained to file petition in I.A.No.89 of 2018 under Order 11 Rule 21 of C.P.C., praying Page 2 of 6 https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2483 of 2018 to dismiss the suit as want of prosecution. The said application was dismissed by the Court below on the technical ground and also for the reason that the earlier order passed by the trial Court deals with under Order 11 Rule 1 & 2 of C.P.C., by granting leave to the petitioner to deliver his interrogatories and it never amounts to a compulsion for the first respondent herein to answer the interrogatories which would eventually bye-pass Order 11 Rule 11 of C.P.C. Aggrieved by the same, the present Civil Revision Petition.
3. Today when the matter is taken up for hearing, the learned counsel appearing for the first respondent would submit that the first respondent is ready and willing to comply the order dated 06.06.2014 passed by the Court below in I.A.No.524 of 2012 in O.S.No.59 of 2012, within the period of two weeks.
4. Considering the above submission, this Court is inclined to issue the following directions:-
(i) The first respondent is directed to comply the order dated Page 3 of 6 https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2483 of 2018 06.06.2014 passed by the learned Subordinate Judge, Chidambaram, in I.A.No.524 of 2012 in O.S.No.59 of 2012, within the period of two weeks from the date of receipt of a copy of this Order, failing which the suit in O.S.No.59 of 2012 shall automatically stand dismissed forthwith.
(ii) After complying the order dated 06.06.2014, the trial Court is directed to dispose the suit within a period of six months thereafter.
5. With the above directions, this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
17.06.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts Page 4 of 6 https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2483 of 2018 To
1. The Subordinate Judge, Chidambaram.
2. The Section Officer, V.R. Section, Madras High Court, Chennai.
Page 5 of 6 https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2483 of 2018 G.K.ILANTHIRAIYAN, J.
rts C.R.P.(PD)No.2483 of 2018 C.M.P.No.15239 of 2018 17.06.2021 Page 6 of 6 https://www.mhc.tn.gov.in/judis/