CRP/6476/2026 of Rajavelu Ganapathy Vs M.Mani on 12 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order passed in I.A.No.1 of 2026 in O.S.No.185 of 2025 dated 06.07.2026 by the District Munsif, Sholinganallur, wherein the application filed by the petitioners/defendants under Order III Rule 2 CPC, came to be dismissed by the Court below on the ground that the original Power of Attorney was not filed before the Court.

2. Heard learned counsel for petitioner and carefully perused the materials available on record. This Court also went through the impugned order.

3. The respondent is the plaintiff, who filed the suit in O.S.No.185 of 2025 seeking for the relief of permanent injunction restraining the petitioners/defendants from interfering with the peaceful possession and enjoyment of the suit property. The petitioners/defendants have also filed a suit in O.S.No.150 of 2026 before the I Additional District Judge, Chengalpattu, seeking the relief of recovery of possession. That suit was filed by the Power of Attorney agent representing the petitioners. Subsequently, a transfer petition came to be filed before this Court to transfer the suit pending in O.S.No.185 of 2025 to the file of the I Additional District Judge, Chengalpattu, to be tried along with O.S.No.150 of 2026. Under these circumstances, I.A.No.1 of 2026 in O.S.No.185 of 2025 under Order III Rule 2 CPC came to be filed before the

Court below seeking leave to enable the petitioners/defendants to be represented through a Power of Attorney Agent. This application was dismissed by the Court below only on the ground that the petitioners did not file the original Power of Attorney.

4. It is brought to the notice of this Court that the original Power of Attorney is very much available with the petitioners. It is submitted that this Power of Attorney is required for prosecuting the other pending suit in O.S.No.150 of 2026 as well as the transfer petition filed before this Court. Therefore, the petitioners tendered notarized copy of the Power of Attorney and in spite of the same, the Court below insisted for the original Power of Attorney and consequently, dismissed the application.

5. The fact remains that the petitioners are in possession of the original Power of Attorney. Therefore, the Court below could have verified the same with the notarized copy of the Power of Attorney and allowed the application. Instead, the Court below has taken a hyper technical view. In view of the same, the order passed in I.A.No.1 of 2026 in O.S.No.185 of 2025 dated 06.07.2026 is set aside. The Court below shall permit the petitioners to be represented through Power of Attorney Agent by taking note of the notarized copy of the Power of Attorney document after verifying the same with the original Power of Attorney and returning it back to the petitioners.

N.ANAND VENKATESH, J. gm In the result, this civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The District Munsif, Sholinganallur. Civil Revision Petition No.6476 of 2026