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2023 Supreme(Mad) 3045

V. BHAVANI SUBBAROYAN
N. Karunamoorthy – Appellant
Versus
V. Mathiazhagan – Respondent


Advocates:
For the Petitioner:S. Subbiah Senior counsel Elizabeth Ravi, Advocate. For the Respondent: No Apearance.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the exparte decree dated 05.02.1992 passed in O.S.No.200 of 1990 on the file of learned Subordinate Judge, Poonamallee and transferred to the learned District Munsif, Ambattur by allowing the present Revision.)

1. This Civil Revision has been filed to set aside the exparte decree dated 05.02.1992 passed in O.S.No.200 of 1990 on the file of learned Subordinate Judge, Poonamallee and transferred to the learned District Munsif, Ambattur by allowing the present Revision.

2. Registry, after scrutinizing the papers filed along with the Civil Revision Petition, returned the same to the learned counsel for the petitioner with the following objections:-

“It may be stated how the Civil Revision Petition is maintainable against appealable order. To be filed before appropriate forum”

3. While representing the papers, the learned counsel for the petitioner made the following endorsement:-

“Since the Decree and Judgment under challenge is not in accordance with Order 20 Rules 4 and 5 of CPC, the same cannot be challenged in appeal. Moreover the petitioner is not

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