LAWS(MAD)-2010-3-685

K RAMACHANDRAN Vs. BAGAWATHI

Decided On March 18, 2010
K.RAMACHANDRAN Appellant
V/S
BAGAWATHI Respondents

JUDGEMENT

(1.) THE petitioner/defendant has filed these Civil Revision Petitions as against the orders dated 30.10.2008 in I.A.No.2628, 2629, 2630 and 2631 of 2008 in O.S.No.3265 of 2003 passed by the learned VIII Assistant City Civil Court, Chennai in dismissing the applications filed under Section 5 of the Limitation Act and Or.9 R.9 of the <ACT>Civil Procedure Code</ACT>.

(2.) ACCORDING to the learned Senior Counsel appearing for the petitioner/defendant, the trial Court has committed a material irregularity in exercising its jurisdiction contrary to law and as a matter of fact, the trial Court should have seen that on the instructions of the learned counsel, the petitioner had filed the original Power of Attorney before the Court and indeed the Trial Court had received the Power of Attorney filed by the petitioner but had not passed necessary orders granting leave to the petitioner to represent the defendant in the suit.

(3.) IT is useful to refer to the order of the trial Court in I.A.No.2628 of 2008 dated 30.10.2008 which runs as follows: