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2014 DIGILAW 3306 (MAD)

Minor Nithyanandam v. Subramaniam

2014-09-12

S.VIMALA

body2014
Judgment : 1. This Civil Revision Petition has been filed against the order of dismissal of the suit filed in O.S.No.722 of 2013. 2. The suit has been seeking the relief of declaration that the property conveyed to the defendants 2,3,4 and 9, through the sale deed and the settlement deed are not valid and for consequential injunction restraining the defendants from alienating the property. 3. The main ground in this Civil Revision Petition is that the trial Court has passed an order without hearing the arguments of the counsel for the plaintiffs. 4. This Court perused the Judgment dated 24.07.2014 wherein it is stated that the arguments of plaintiff side has been heard. Judicial Acts are presumed to be done correctly and regularly. 4.1. In the order passed by the Court below the evidence of P.W.1 as well as the documents marked on the side of the plaintiffs viz., Exs.A1 to A3 have been discussed and analysed. 4.2. As the defendants 1 to 9 have remained exparte, there is no opportunity to consider the claim made by the defendants. 4.3. The remedy of the appeal is available to the plaintiff. Therefore, the grounds that are raised before this Court ought to have been raised before the Appellate Court. Therefore, it is open to the plaintiff to file an appeal challenging the decree of the Court below made in O.S.No.722 of 2013. 5. If at all the plaintiff chooses to file an appeal, the time spent in prosecuting this C.R.P. shall be taken into account while considering the question of limitation. In view of the same, this Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.