HIGH COURT OF JUDICATURE AT MADRAS Vs. KASTHURI

JUDGEMENT

(1.) The Review Application is filed by the High Court of Judicature at Madras represented by its Registrar-General, to review the order dtd. 3/2/2020 passed by this Court in CMP No.27998 of 2019 in A.S.SR No.97129 of 2019.

(2.) Admittedly, the High Court of Judicature at Madras was not a party to the said miscellaneous petition in CMP No.27998 of 2019 decided by this Court. The High Court thought fit to file the present Review Application mainly on the ground that certain observations made by this Court based on the submissions of the respective learned counsels appeared for the parties, are incorrect and such incorrect informations provided to this Court during the hearing of the case, resulted in issuing a direction to communicate the copy of the said order to all the Subordinate Courts across the State of Tamil Nadu, which becomes unnecessary.

(3.) The learned Senior Counsel, appearing on behalf of the High Court of Judicature at Madras, made a submission that there is an observation in the order passed by this Court that the procedures as contemplated under Order XXXIII and under Order XLIV of the Code of Civil Procedure, have not been followed, while entertaining the appeal by an indigent person under Order XLIV of the Code of Civil Procedure. Such an observation made in the order is incorrect and therefore, the High Court thought fit to file the present Review Application.