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2008 DIGILAW 4020 (MAD)

B. Rajeswari v. N. Narayanan & Others

2008-11-05

M.VENUGOPAL

body2008
Judgment :- The revision petitioner/plaintiff has projected this civil revision petition before this Court seeking for a direction to be issued to the learned Principal District Munsif, Cuddalore to speedily dispose off the suit O.S.No.315 of 2003 pending on his file. 2.The learned counsel for the revision petitioner/plaintiff brings it to the notice of this Court that in the main suit O.S.No.315 of 2003 P.W.1 was examined and cross examined in full in the year 2004 and till today, no progress has been made in the case. It is also brought to the notice of this Court on the side of petitioner that earlier I.A.No.1432 of 2007 has been field by the first respondent/first defendant praying for permission before the Court below to file the additional written statement and that the same has been dismissed. Earlier, the first respondent/first defendant has filed I.A.No.2348 of 2004 in O.S.No.315 of 2003 praying to reject the suit on the basis that there is no cause of action to initiate the same and the same has been dismissed by the trial Court and as against the said order, the first respondent/first defendant has filed C.R.P.(PD).No.1370 of 2005 and the same has since been dismissed by this Court on 112. 2006. 3. The main grievance on the side of revision petitioner is that presently before the trial Court I.A.No.68 of 2008 filed under Order 7 Rule 11 and Rule 10 of Civil Procedure Code is pending decision in regard to the rejection of plaint etc. and the counter has been filed by the first respondent/first defendant and the same has been pending from January 2008. 4. In view of the fact that in the main suit P.W.1 has been cross examined in full and as on date, since the I.A.No.68 of 2008 is pending adjudication by the trial Court, it is inevitable for this Court to issue a direction to the trial Court to dispose of the I.A.No.68 of 2008 to prevent aberration of justice within a period of two weeks from the date of receipt of communication of this order and to report compliance before this Court. The Civil Revision Petition is disposed of with the above direction. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.