RAJA @ MURUGAN Vs. PUBALAN

JUDGEMENT

(1.) Notice before admission was given and the respondent is represented by a counsel. As the Civil Revision Petition involves a short point, this Court is of the view that the Civil Revision Petition can be disposed of at the stage of admission itself.

(2.) The arguments advanced by Mr.K.Mahalingam, learned counsel for the petitioner and by Mr.D.Ashok Kumar, learned counsel for the respondent are heard.

(3.) The petitioner herein filed the Original Suit No.492 of 2013 as a Summary Suit under Order XXXVII Rule 2 of C.P.C. On service of notice contemplated under Rule 3[1] of Order XXXVII of C.P.C., the respondent herein/defendant entered appearance on 07.02.2013. Thereafter, the counsel for the respondent herein/defendant attempted to serve notice of appearance on the counsel for the petitioner herein/plaintiff, but it was declined. On the adjourned date, namely, on 29.04.2013 also, the learned counsel for the petitioner herein/plaintiff who was present in the Court below, refused to receive the notice of appearance tendered by the learned counsel for the respondent herein/defendant. It is pertinent to note that till such time, no summons for judgment came to be served on the respondent herein/defendant. In view of the refusal of the learned counsel for the plaintiff to receive the notice of appearance, that too, when tendered in the open Court also, the learned trial Judge chose to pass an order granting leave to the defendant to defend the case and posted the matter for filing written statement, thus, converting the Summary Suit into a regular suit. It is as against the said order, the present Civil Revision Petition has been filed under Article 227 of the Constitution of India.