V. KARUPPANNAN Vs. IDOL OF KALYANA PASUPATHEESWARASWAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed to get set aside the order dated 03.07.2012 in E.A. No. 29 of 2011 in E.P. No. 81 of 2008 in O.S. No. 36 of 1993, on the file of Additional Sub Court, Karur. The warp and woof of the relevant facts absolutely necessary for the disposal of this Civil Revision Petition, would run thus:

(2.) The learned Counsel for the revision petitioner would submit that the said application filed by the revision petitioner under Order IX Rule 13 of the Code of Civil Procedure, was not numbered, because of some administrative difficulties. The Court concerned finds it difficult to number it, because the O.S. bundle after disposal, was sent to the Office of the Principal District Judge, Trichy.

(3.) I am shocked to hear such a representation from the learned Counsel for the revision petitioner. If what is represented before me, is true, that would show the deplorable state of affairs prevailing in the lower Court. It is the duty of the lower Court to send a Special Messenger to retrieve or get back the bundle in O.S., and number the application filed under Order IX Rule 13 of the Code of Civil Procedure, if it is otherwise in order, instead of keeping the said I.A., idly which would lead to travesty of justice.