N GOPAL Vs. B LAKSHMI NARAYANAN

JUDGEMENT

(1.) THE civil revision petitioner/ petitioner/ plaintiff has projected the civil revision petition as against the order dated 20.08.2008 passed in I.A. No. 6899 of 2008 in O.S. No. 1483/2008 on the file of the VI Assistant Judge, City Civil Court, Chennai in dismissing the application filed by the revision petitioner/ plaintiff/ petitioner under Section 151 of C.P.C, praying for permission of the court to deposit the sum of Rs.1,40,000/- into court, to the credit of the Suit O.S. No.1483/2008.

(2.) THE trial court while dismissing the I.A. No.6899/2008 has inter-alia observed that the revision petitioner/ petitioner/ plaintiff has suppressed the facts pertaining to earlier suits and further that the auction in regard to the mortgage property has been over on 27.03.2005 and under these circumstances, whether the suit filed by the petitioner is to be entertained or not and resultantly dismissed the application, without costs.

(3.) THE learned counsel for the revision petitioner contends that the auction bidder has died earlier and therefore he could not deposit the money and consequently there has been no sale at all and therefore the revision petitioner/ plaintiff has been advised to file the present suit O.S. No. 1483/2008 for redemption of scheduled property and there is no impediment for the trial court to permit the revision petitioner/ plaintiff to deposit the sum of Rs. 1,40,000/- into court, to the credit of the above suit.