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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
Selvaraju Duraisamy – Appellant
Versus
Radiance Icon Owners Association (Rioa), – Respondent
ORDER :
This civil revision petition challenges the order passed by the learned XXI Additional City Civil Court, Chennai, in I.A.No.10 of 2024 in O.S.No.2093 of 2024 dated 12.12.2024.
2. The revision came up for maintainability before me. As I.A. No. 10 of 2024 is an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, the Office entertained a doubt regarding the maintainability of the revision, as an appeal can be presented under Order XLIII, Rule 1 (r) of the Code of Civil Procedure.
3. The learned Counsel for the Petitioner, Mr.Ralph Manohar, relied upon a Judgment of Hon'ble Mr. Justice R.Subramanian in C.R.P.SR. Nos. 109971 and 111067 of 2021, dated 06-12-2021, whereby, the learned Judge had held that the Registry cannot raise an issue of maintainability of a revision under Article 227 of the Constitution of India.
4. It was pointed out by the learned Judge that whether this Court entertains the revision or not, is a matter which has to be dealt with by it, on its judicial side and that it is not open to the Registry to question as to how a revision is being presented when an alternate remedy is available.
5. Apart from this Judgment, I have to point out tha
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