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2013 DIGILAW 691 (MAD)

P. M. v. Pichai VS M. V. Subramanian

2013-01-31

G.RAJASURIA

body2013
JUDGMENT 1. The Civil Revision Petition has been filed to get set aside the order dated 26.11.2012 passed in I.A.No.581 of 2012, in O.S.No.443 of 2012, by the learned Principal District Munsif, Madurai Town. 2. Heard the learned Counsel for the revision petitioner. 3. The learned Counsel for the revision petitioner would echo the cri de coeur and heart burns of his client to the effect that the lower Court simply allowed the application filed under Order VII Rule 11 of the Code of Civil Procedure and passed the order and the operative portion of the order would run thus: "12. In the result, the suit filed by the plaintiff is returned with direction to submit the same by adding proper reliefs before the pecuniary jurisdiction court within two weeks from the date of this order." 4. I would like to point out that as against the allowing of the petition filed under Order VII Rule 11 of the Code of Civil Procedure and passing such order, only appeal would lie and not Civil Revision Petition. 5. In view of the same, this Civil Revision Petition is dismissed, giving liberty to the revision petitioner to file the appeal before the regular Appellate Court concerned, excluding the time taken for prosecuting this Civil Revision Petition. Consequently, the connected Miscellaneous Petition is dismissed. No costs.