L RAJENDRAN Vs. L SIDDARTHAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 20.7.2009, made in I.A.No.4795 of 2007, in O.S.No.8592 of 2005, on the file of the III Assistant Judge, City Civil Court, Chennai.

(2.) THE petitioner in the interlocutory application in I.A.No.4795 of 2007 had prayed for the grant of stay of all proceedings in O.S.No.8592 of 2005, stating that the issue arising for consideration of the trial Court, in O.S.No.8592 of 2005, is directly and substantially an issue in a previously instituted suit, in O.S.No.2430 of 1999 and in A.S.No.964 of 2004, on the file of the High Court, Chennai. THE trial Court had dismissed the said interlocutory application by its order, dated 20.7.2009, stating that Section 10 of the Civil Procedure Code, 1908, will not apply to the case in hand.

(3.) IN view of the averments made on behalf of the parties concerned, it is found that the present civil revision petition is infructuous. Hence, it is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.