MUTHUSAMY Vs. CHINNARI GOUNDER

JUDGEMENT

(1.) THIS Civil Revision has been preferred against the order dated 28.12.2006 made in I.A. No. 777 of 2006 in O.S. No. 231 of 1991 on the file of the District Munsif Court, Gobichettipalayam.

(2.) THE revision petitioner herein is the plaintiff before the Trial Court in O.S. No. 231 of 1999 which was filed by the plaintiff/revision petitioner seeking damages from the respondents herein for n sum of Rs. 25,000/- for malicious prosecution and also for cost. While, the suit is pending, the petitioner/plaintiff filed interlocutory Application under Order 18 Rule 1 read with 151 C.P.C., whereby praying the Court below, to direct the respondents herein, to begin their case by leading evidence.

(3.) AS per Section 115 C.P.C. only if the Court below has exceeded its jurisdiction or failed to exercise its jurisdiction or if there is any illegality or material irregularity, this Court can interfere with the same. Considering the facts and circumstances, I could find no such reason to interfere with the impugned order passed by the Court below. Hence, this Civil Revision Petition is dismissed. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.