P.Karl Marx vs P.Aravinda on 20 January, 2022

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Madras High Court

P.Karl Marx vs P.Aravinda on 20 January, 2022

Bench: R.Subramanian

                                                                                 CRP.PD.No.3064/2021



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 20.01.2022

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                CRP.PD.No.3064/2021

                                         (Heard through Video Conferencing)

                     P.Karl Marx                                                  ... Petitioner

                                                          Vs

                     1.P.Aravinda

                     2.The Commissioner
                       Corporation of Chennai
                       Rippon Building,
                       Chennai 600 003.

                     3.The Executive Engineer,
                       Corporation of Chennai
                       Zone IX, Lake Area
                       Nungambakkam, Chennai 600 034.                             ... Respondents

                     Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
                     India to set aside the order dated 30.12.2021 passed by the learned 1st
                     Assistant Judge, City Civil Court at Chennai in IA.Sr.No.54463/2021 in
                     OS.No.12741/2009 and consequently direct the learned Judge/Trial Court to
                     permit the petitioner to put forth his case through oral/documentary

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https://www.mhc.tn.gov.in/judis
                                                                                      CRP.PD.No.3064/2021



                     evidences and written arguments along side the respondents 2 and 3 in the
                     suit in OS.No.12741/2009 in line with the orders passed on 15.04.2021 by
                     this Court in CRP.No.707/2018.


                                               For Petitioner      : Mr.P.Karl Marx
                                                                     Petitioner-in-person

                                                                ORDER

(1) The application filed by the petitioner/party-in-person seeking permission to support the Corporation of Chennai, has been dismissed by the Trial Court on the ground that there is already an order in IA.No.3/2021 permitting the petitioner to support the Corporation of Chennai in defence of the suit. This Court while disposing of CRP.PD.No.707/2018 has held that the petitioner is neither a proper or a necessary party ; but has given liberty to the petitioner/party-in-person to assist the Corporation of Chennai in defence of the suit.

(2) Mr.P.Karl Marx, appearing in person, would claim that he should be allowed to let in evidence. I do not think he can be allowed to let in evidence since this Court had already come to the conclusion that the 2/5 https://www.mhc.tn.gov.in/judis CRP.PD.No.3064/2021 petitioner is neither a necessary nor a proper party to the suit. The petitioner/party-in-person would submit that he has sought for review of the order in CRP.PD.No.707/2018 and the same is pending.

(3) It is open to him to move the review and seek any order as he pleases in the review. The Trial Court was justified in rejecting his application seeking permission for assistance as the same has already been granted.

(4) Hence, I do not see any merit in the revision. The Civil Revision fails and it is accordingly dismissed. No costs.


                                                                                             20.01.2022

                     AP

                     Internet : Yes
                     Index    : No
                     Speaking order: Yes




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https://www.mhc.tn.gov.in/judis CRP.PD.No.3064/2021 To

1.The I Assistant Judge City Civil Court, Chennai.

2.The Commissioner Corporation of Chennai Rippon Building, Chennai 600 003.

3.The Executive Engineer, Corporation of Chennai Zone IX, Lake Area Nungambakkam, Chennai 600 034.

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https://www.mhc.tn.gov.in/judis CRP.PD.No.3064/2021 R.SUBRAMANIAN, J.

AP CRP.PD.No.3064/2021 20.01.2022 5/5 https://www.mhc.tn.gov.in/judis

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