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2012 Supreme(Mad) 3925

S.RAJESWARAN
N. Maheswari – Appellant
Versus
Mariappan – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr.R.Srinivas
For Respondents: No Appearance

ORDER

1. This Civil Revision Petition has been filed under Article 227 of the Constitution of India, praying to set aside the judgment and decree in O.S.No.3 of 2002 on the file of the District Munsif Court, Chengalpattu. The main contention of the revision petitioner, who is a third party to the suit proceedings, is that the Trial Court decreed the suit mechanically without application of mind resulting in grave injustice being caused to the revision petitioner herein. Therefore, she applied for leave for filing the Civil Revision Petition and after obtaining leave, the above Civil Revision Petition has been filed for the aforesaid relief.

2. Normally, this Court will not entertain any Civil Revision Petition under Article 227 of the Constitution of India against a judgment and decree passed in a suit, as the aggrieved party could very well maintain a fully-fledged First Appeal to the Appellate Court. However, considering the nature of the case and the peculiarity of the judgment passed by the Trial Court, I consider this revision petition as an extraordinary one and consequently proceed to dispose off the same.

3. O.S.No.3 of 2002 was filed by one Mariappan, who is the first resp

















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