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2013 Supreme(Mad) 1576

S.NAGAMUTHU
Shivsu Canadian Clear International Limited Shivsu Towers – Appellant
Versus
Freightcan Global Logistics Private Limited Rep. by its Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P.R. Raman, Advocate.
For the Respondent:P. Giridharan, Advocate.

Judgment :-

1. The primary question involved in this revision filed under Article 227 of the Constitution of India is, "Whether the right of appeal against a decree to be passed consequent upon the dismissal of an Interlocutory Application under Order 37 Rule 3 (5) of C.P.C., thereby, declining to grant leave to defend is a bar for the aggrieved defendant to challenge the said order by way of revision ?". The facts leading to this revision are thus.

2. The petitioner is the defendant in O.S.No.3413 of 2012 on the file of the learned XVII Assistant Judge, City Civil Court, Chennai. The respondent is the plaintiff in the suit. The respondent has filed the said suit under Order 37 Rule 1 to 3 of the Code of Civil Procedure, as a summary suit for recovery of a sum of Rs.5,21,691/-, with interest at the rate of 18% per annum from the defendant. On service of summons, the petitioner/defendant appeared before the lower Court and filed an Interlocutory Application in I.A.No. 13159 of 2012, seeking leave to defend the suit. The lower Court, by an order dated 10.10.2012, dismissed the said Interlocutory Application. Challenging the same, the petitioner/defendant is before this Court with this

















































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