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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
R.K. Balachandraa - Petitioner
Versus
M/s. Palla Silks Private Limited, Represented by its Director and Anr. – Respondents
CRP SR No.111539 of 2022
Decided On : 02-01-2023
Constitution of India, 1950 - Article 227 - Application for restoration - Listed for hearing under caption 'For Maintainability' - Petition has been listed for hearing under caption 'For Maintainability'- Held, Petitioner brought to notice of this Court that during pendency of present Civil Revision Petition, suit itself was disposed of - However, revision petitioner filed an application for restoration of suit which is now pending - Therefore, fact remains that suit is not pending as of now and it was disposed of - Thus liberty is granted to petitioner for filing fresh Civil Revision Petition after restoration of suit by Trial Court - Petition dismissed.
ORDER :
[PRAYER : This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 07.09.2022 granted by the learned District Judge, Commercial Court, Salem in IA No.1 of 2022 in Commercial Original Suit No.16 of 2022, seeking to set aside the same.]
1. Today, the present Civil Revision Petition has been listed for hearing under the caption 'For Maintainability'.
2. The learned counsel for the petitioner brought to the notice of this Court that during the pendency of the present Civil Revision Petition, the suit itself was disposed of on 16.11.2022. However, the revision petitioner filed an application for restoration of the suit in IA No.5 of 2022, which is now pending. Therefore, the fact remains that the suit is not pending as of now and it was disposed of on 16.11.2022. Thus liberty is granted to the petitioner for filing fresh Civil Revision Petition after restoration of the suit by the Trial Court.
3. With the abovesaid liberty, the present Civil Revision Petition stands dismissed. However, there shall be no order as to costs.
A court may allow the withdrawal of a civil revision petition as not pressed, while simultaneously granting the petitioner liberty to agitate the same grounds of challenge in the pending main suit.
Court permitted withdrawal of revision petition with no costs.
Revision petition infructuous upon underlying suit withdrawal; no further adjudication required.
Revision petition becomes infructuous upon withdrawal of underlying suit.
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