1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.292 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Sundaram .. Petitioner/Defendant Vs. RM.Karuppaiah .. Respondent/Plaintiff Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order of return dated 15.11.2010 passed in unnumbered Interlocutory Application No.- of 2010 in Original Suit No.56 of 2006 by the Sub Court, Devakottai. For Petitioner : Mr.R.Sundar Srinivasan ORDER The order of return dated 15.11.2010 passed in unnumbered Interlocutory Application No.- of 2010 in Original Suit No.56 of 2006 by the Sub Court, Devakottai is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as petitioner has filed Civil Revision Petition No.1410 of 2010 against the dismissal order passed by the Court below, wherein this Court has directed the revision petitioner to deposit a sum of Rs.58,650/- in the Court below on or before 15.11.2010 and accordingly the revision petitioner has filed the lodgement schedule in question on 12.11.2010. But the Court below has returned the same stating that along with the lodgement schedule, the revision petitioner has failed to deposit the amount as directed by the High Court. Against the order of return, the present Civil Revision Petition has been filed. 3. Considering the nature of the order passed by this Court in Civil Revision Petition No.1410 of 2010 and also considering the nature of return passed by the Court below, notice need not be sent to the respondent and the present Civil Revision Petition is disposed of on merits at the stage of admission. 4. As directed by this Court, the Court below has submitted a report, wherein it is stated that the lodgement schedule in question has been filed on 12.11.2010 and since as directed by this Court amount has not been deposited, the same has been returned. Further in the order of return, it has been stated as submitted in the report. Therefore it is needless to say that the lodgement schedule in question has been returned only on the basis that the revision petitioner has failed to deposit the amount mentioned in the order passed by this Court. 5. The learned counsel appearing for the revision petitioner has contended that only after issuance of challan, the revision petitioner is bound to deposit the amount mentioned therein and along with lodgement https://hcservices.ecourts.gov.in/hcservices/ 2 schedule amount need not be produced and therefore the order of return passed by the Court below is liable to be interfered with. 6. As directed by this Court in the order passed in Civil Revision Petition No.1410 of 2010, the revision petitioner has filed the challan in question on 12.11.2010. The Court below has returned the same on 15.11.2010 stating that along with lodgement schedule amount has not been deposited. As rightly pointed out by the learned counsel appearing for the revision petitioner, only after issuance of challan, question of payment would arise. Therefore it is needless to say that the order of return passed by the Court below is not proper and the same is liable to be set aside. 7. In fine, this Civil Revision Petition is allowed without costs and the order of return dated 15.11.2010 passed in unnumbered Interlocutory Application No.- of 2010 in Original Suit No.56 of 2006 by the Sub Court, Devakottai is set aside and the revision petitioner is directed to represent the lodgement schedule and the Court below is directed to issue challan and the revision petitioner is also directed to deposit the amount as directed in the order passed in Civil Revision Petition No.1410 of 2010. The Registry is directed to return the original lodgement schedule to the revision petitioner. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(LA) /True copy/ Assistant Registrar To 1.The Subordinate Judge, Devakottai. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.R.Sundar Srinivasan, Advocate, Sr.No.9250 smn C.R.P(PD)(MD)No.292 of 2011 and M.P(MD)No.1 of 2011 21.02.2011 TR : 02.03.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/