V. ARUMUGAM Vs. J. SATHISH KUMAR

JUDGEMENT

(1.) Heard both the sides. The epitome and the long and short of the germane facts absolutely necessary for the disposal of this Civil Revision Petition would run thus:

(2.) No doubt, Order 38 Rules 5 and 6 of CPC, if read together, it will be quite obvious that the Court is enjoined to adhere to certain procedures as under:-

(3.) A mere running of the eye over the above precedents would indicate and exemplify that the impugned order in the light of the law found enunciated in those precedents, can never be dignified with the status of a legal order. Accordingly, it is liable to be set aside. As such, the matter is remitted back to the Trial Court for hearing both the sides and render a reasoned order keeping in mind the ingredients as found embedded in Order 38 Rule 5 of CPC. If the revision petitioner is aggrieved by any such reasoned order that would be passed by the Lower Court, it is open for him to prefer an appeal by invoking Order 43 Rule 1 of CPC. The Lower Court shall do well to see that the I.A. is disposed of within a period of one month from the date of receipt of a copy of this order. The civil Revision Petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.