LAWS(MAD)-1999-11-82

A R PONNUSAMY Vs. THOPPALAN ALIAS KARUPPA GOUNDER

Decided On November 11, 1999
A.R. PONNUSAMY, REP. BY POWERAGENT VENKATACHALAM Appellant
V/S
THOPPALAN @ KARUPPA GOUNDER Respondents

JUDGEMENT

(1.) ALLEGED power agent of defendant in O.S. 516 of 1999 on the file of Additional District Munsif Court, Namakkal is the Revision Petitioner.

(2.) SUIT filed by plaintiff was one for permanent prohibitory injunction restraining defendant from carrying out quarrying operation in S. No. 204/4A and for other consequential reliefs. In this revision petition, we are not concerned about the facts of the case and hence not narrated.

(3.) AFTER hearing counsel on both sides, I do not think that the Revision itself is maintainable. When lower Court refuses to recognise a power of attorney, it is really defendant who is affected by the decision. The power of attorney, who is the so called agent cannot come in revision when the principal is not aggrieved by the order. It is also not a "case decided" under Section 115 of Code of Civil Procedure.