1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.714 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Dr.M.Nainar Mohammed .. Petitioner Vs. 1.Minvaria Kudiyiruppor Pathukappu Sangam through its President, 12/32, E.B.Colony, R.S.Road, Dindigul Town. 2.Tamil Nadu Housing Board, Chennai through its Managing Director, 493, Anna Salai, Nandanam, Chennai – 35. .. Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 10.02.2011 passed in Interlocutory Application No.895 of 2010 in Interlocutory Application No.325 of 2007 in Original Suit No.11 of 2007 by the Principal District Munsif Court, Dindigul. For Petitioner : Mr.A.Arumugam For Respondent No.1: Mr.V.Nagendran For Respondent No.2: No appearance ORDER The order dated 10.02.2011 passed in Interlocutory Application No.895 of 2010 in Interlocutory Application No.325 of 2007 in Original Suit No.11 of 2007 by the Principal District Munsif Court, Dindigul is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.11 of 2007 on the file of the Court below for the reliefs of declaration and perpetual injunction, wherein an ex-parte decree has been passed on 26.10.2010 and in order to review the same, the first respondent herein as petitioner has filed Interlocutory Application No.895 of 2010. The Court below without giving notice to the respondents therein has allowed Interlocutory Application No.895 of 2010. Against the order passed by the Court below, the present Civil Revision Petition has been filed. 3. The learned counsel appearing for the revision petitioner has contended that in Interlocutory Application No.895 of 2010, no notice has been sent to the revision petitioner and therefore the entire order passed in Interlocutory Application No.895 of 2010 is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The Principal District Munsif Court, Dindigul has submitted a report, wherein it has been clearly stated that in Interlocutory Application No.895 of 2010, notice has been given to the counsel of the first respondent, who is none other than the present revision petitioner. Therefore it goes without saying that no personal notice has been given to the revision petitioner in Interlocutory Application No.895 of 2010. Since Interlocutory Application No.895 of 2010 has been filed under Section 114 of the Code of Civil Procedure, 1908 praying to review the Judgment and decree passed in Original Suit No.11 of 2007, personal notice should be sent to the revision petitioner. But the Court below has failed to do it and the Court below has passed the impugned order only on the basis of notice given to the counsel of the revision petitioner. The notice taken by the counsel of the revision petitioner is not at all sufficient. Under the said circumstances, the order passed by the Court below in Interlocutory Application No.895 of 2010 is liable to be set aside and the matter is liable to be remitted to the file of the Court below. 5. In fine, this Civil Revision Petition is allowed without costs and the order passed in Interlocutory Application No.895 of 2010 in Interlocutory Application No.325 of 2007 in Original Suit No.11 of 2007 by the Principal District Munsif Court, Dindigul is set aside and the petition filed in Interlocutory Application No.895 of 2010 is remitted to the file of the Principal District Munsif Court, Dindigul. The revision petitioner is directed to file counter in Interlocutory Application No.895 of 2010 and the Principal District Munsif Court, Dindigul is directed to dispose of the same on merit. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The Principal District Munsif, Dindigul. C.R.P(PD)(MD)No.714 of 2011 and M.P(MD)No.1 of 2011 23.11.2011 smn RJ/7.12.11 2p/2c https://hcservices.ecourts.gov.in/hcservices/