SELVARAJU DURAISAMY Vs. RADIANCE ICON OWNERS ASSOCIATION

JUDGEMENT

(1.) This civil revision petition challenges the order passed by the learned XXI Additional City Civil Court, Chennai, in I.A.No.10 of 2024 in O.S.No.2093 of 2024 dtd. 12/12/2024.

(2.) The revision came up for maintainability before me. As I.A. No. 10 of 2024 is an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, the Office entertained a doubt regarding the maintainability of the revision, as an appeal can be presented under Order XLIII, Rule 1 (r) of the Code of Civil Procedure.

(3.) The learned Counsel for the Petitioner, Mr.Ralph Manohar, relied upon a Judgment of Hon'ble Mr. Justice R.Subramanian in C.R.P.SR. Nos. 109971 and 111067 of 2021, dtd. 6/12/2021, whereby, the learned Judge had held that the Registry cannot raise an issue of maintainability of a revision under Article 227 of the Constitution of India.