Madras High Court
CRP/1720/2026 of Thenmozhi Christinal Vs Sriram on 16 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
Civil Revision Petition No.1720 of 2026
and
C.M.P.No.7892 of 2026
CNR: {HCMA010538552026}
Thenmozhi Christinal
W/o.Parthiban
..Petitioner
Vs
1. Sriram
S/o.Sridaran
2. Sarawathi @ Sridevi
W/o.Prabakaran
3. Balu
S/o.Jayaraman
4. The Chief Secretary,
St. George Fort,
Government of Tamil Nadu,
Chennai – 600 009.
5. The District Registrar,
Cuddalore District Registrar Office,
Door No.50, Sankara Naidu Street,
Thiruppathirupuliyur,
Cuddalore - 607 002.
6. The Sub Registrar,
Vadalur Sub Registrar Office,
Behind of Town Panchayat Office,
Vadalur, Kurinjipadi Taluk,
Cuddalore - 607 303.
..Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 06.12.2025 passed in I.A.No.126 of 2023 O.S.No.21 of 2023 on the file of the District Munsif cum Judicial Magistrate, Kurinjipadi.
For Petitioner :
Mr.N.U.Pressanna
For Respondents :
Mr.N.Selvaraj [R1]
Mr.D.Bhakthavachala Babu [R3]
Mrs.S.Yogalakshmi
Additional Government Pleader
[R4 to R6]
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ORDER
This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 06.12.2025 passed in I.A.No.126 of 2023 in O.S.No.21 of 2023 on the file of District Munsif cum Judicial Magistrate, Kurinjipadi, wherein the application filed by the 2nd defendant under Order III Rule 2 CPC to permit him to conduct the suit on behalf of the 1st defendant, pursuant to the power of attorney dated 05.01.2022, came to be allowed by the Court below.
2. Heard learned counsel for the petitioner and learned counsel for the respondents and carefully perused the materials available on record. This Court also went through the impugned order.
3. The petitioner is the plaintiff, who filed the suit in O.S.No.21 of 2022 seeking for the relief of permanent injunction and for other consequential reliefs. Pending the suit, I.A.No.126 of 2023 was filed by the 2nd defendant under Order III Rule 2 CPC to permit him to represent the 1st defendant in the suit pursuant to the power of attorney dated 05.01.2022.
4. The Court below has allowed this application and aggrieved by the same, the present civil revision petition has been filed before this Court.
5. The main contention raised on the side of the petitioner is that the very existence of 1st defendant in this case is in question. Therefore, the Court below ought to have first satisfied itself that the 1st respondent is in existence and only thereafter, should have acted upon the power of attorney that was relied by the 2nd defendant.
6. In the considered view of this Court, if the 1st defendant has given power of attorney to the 2nd defendant to represent him in the suit, that is a valid ground to allow the application under Order III Rule 3 CPC. However, considering the ground that has been raised by the petitioner, there shall be a direction to the District Munsif cum Judicial Magistrate, Kurinjipadi to satisfy itself about the existence of the 1st defendant by summoning the 1st defendant to appear before the Court and confirming the execution of the power of attorney in favour of the 2nd defendant. If the same is done, the order passed by the Court below will not require any interference and the 2nd defendant can represent the 1st defendant also in the suit.
N.ANAND VENKATESH, J. mp Accordingly, this Civil Revision Petition is disposed of in the above terms. No costs. Connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mp To The District Munsif cum Judicial Magistrate, Kurinjipadi. Civil Revision Petition No.1720 of 2026