V.BHAVANI SUBBAROYAN
Rangan – Appellant
Versus
Padmalakshmi – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the exparte decree and Judgment passed against dead person in O.S.No.158 of 1999 dated 24.09.2002 on the file of the learned District Munsif, Thiruvotriyur.)
1. The present petition has been posted for 'maintainability'. The present Revision is filed under Article 227 of Constitution of India seeking to set aside the exparte decree and Judgment dated 24.09.2002 in O.S.No.158 of 1999 on the file of District Munsif Court, Thiruvottiyur.
2. The learned counsel appearing for the petitioner relies on the Judgment rendered by the Hon'ble Supreme Court in (2003) 6 SCC 675 [Surya Dev Rai Vs.Ram Chander Rai and Others] and contended that the Revision Petition under Article 227 is maintainable by challenging the Judgment and decree, if the Subordinate Court has committed an error apparent on the face of record. Since the very exparte decree passed by the trial court is total flagrant disregard of Law or Rules of procedure, the petitioners are entitled to approach the constitutional Court under Article 227 by challenging the same, he pleaded.
3. Heard the learned counsel for the petiti
Surya Dev Rai Vs.Ram Chander Rai and Others (2003) 6 SCC 675
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