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2003 Supreme(Mad) 1334

S.R.SINGHARAVELU
K. Selvaraj – Appellant
Versus
Sheik Ibrahim – Respondent


Advocates Appeared:
Mr.T.Saikrishnan, Advocate for petitioner. Mr.S.K.Nachimuthu, Advocate for respondent.

Judgment :

1. Heard both sides.

2. The revisionpetitioner/plaintiff has preferred this revision against the ex parte award passed on 29.12.1994 by the District Consumer Dispute Redressal Forum, Erode. Since he has exhausted all the remedies in the said forum to set aside the ex parte award, he could not get the relief. Therefore, he has filed a plaint dated 8.4.2002 praying for declaration that the ex parte award passed in the District Consumer Dispute Redressal Forum, Erode is void, illegal, obtained by fraud and against law and on facts etc. The Court below has rejected the plaint.

3. Learned counsel for the revision petitioner has relied on Dhulabhai v. State of M.P. , AIR 1969 Supreme Court 78, wherein 7 principles regarding the exclusion of jurisdiction of Civil Court were laid, among which we are concerned with the principle (2), which reads as follows:-

"Where there is an express bar of the jurisdiction of the Court, an examination of the scheme of the particular Act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the Civil Court. Where there is no express exclusion the examination of the reme



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