Madras High Court
CRP/6415/2026 of P.Jamuna Vs Thirumalai on 1 October 2026
CRP No. 6415 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 6415 of 2026
and CMP No.27605 of 2026
CNR: {HCMA012387722026}
P.Jamuna
..Petitioner(s)
Vs
1. Thirumalai
2. Subramaniam
3. Manickam
4. Palanisamy
..Respondent(s)
PRAYER: Civil Revision Petition filed under Section 115 of C.P.C. seeking to allow the civil revision petition and set aside the order and decree passed in IA
No.4 of 2025 in OS No.1112 of 2011 dated 22.06.2026 on the file of 1st Additional District Munsif Court, Salem.
For Petitioner(s):
Mr.S.P.Yuaraj
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ORDER
Registry has raised an objection with regard to maintainability of the revision petition.
2. Learned counsel for the petitioner states that the revision is maintainable since exparte decree has been passed and the interlocutory order alone is being challenged and not the decree in the suit. However, a specific
CRP No. 6415 of 2026
provision under Order 43 Rule 1(d) which provides for a statutory appeal to be preferred against rejection of an application under Order 9 Rule 13 C.P.C.
3. In view of the above, the objection of the Registry is sustained. The Civil Revision Petition is dismissed as not maintainable. However, considering the fact that the petitioner has knocked at the wrong doors, delay shall not be put against the revision petitioner and any appeal that may be filed within a period of two weeks from the date of the receipt of the original certified copies that have been filed in the present revision petition being returned to the counsel for the petitioner shall be taken up without putting limitation against the revision petitioner and shall be disposed of in accordance with law.
4. Registry shall direct the return of original order and decreetal order in I.A.No.4 of 2025 in O.S.No.1112 of 2011 dated 22.06.2026 to the counsel for the revision petitioner.
5. Learned counsel for the petitioner expresses urgency for interim orders. Hence, the Registry shall return the certified copies by 05.10.2026 to enable the petitioner to move the appellate court and obtain interim order. 01-10-2026 KAS
CRP No. 6415 of 2026
P.B.BALAJI, J. KAS CRP No. 6415 of 2026 01-10-2026