Noorul Ain vs Kamal Nazeer

S.M.Subramaniam, J

The Civil Revision Petition has been filed against the judgment and decree passed in O.S.No.251 of 2019 dated 02.12.2021 on the file of District Munisf cum Judicial Magistrate, Thiruvidaimarudhur.

The learned counsel for the petitioner states that the decree was passed by the District Munsif cum Judicial Magistrate, Thiruvidaimarudhur without any jurisdiction, since the Suit in O.S.No.363 of 2018, which was originally pending on the file of the Principal District Munsif Court, Kumbakonam, which was re-numbered as O.S.No.251 of 2019 and was already transferred to the Family Court at Chennai by the Principal Seat of the Madras High Court in TR.CMP.No.470 of 2019 dated 26.08.2019.

When the Suit filed in O.S.No.363 of 2018, re-numbered as O.S.No.251 of 2019 was transferred to the Family Court at Chennai, the case papers were erroneously sent by the Principal District Munsif, Kumbakonam to the District Munsif cum Judicial Magistrate, Thiruvidaimarudhur. Because of the mistake committed by the Court concerned, the petitioner cannot made to suffer. When the Principal Seat of Madras High Court transferred O.S.No.363 of 2018 from the Principal District Munsif Court, Kumbakonam to Family Court, Chennai, the case papers were erroneously transmitted to the District Munsif cum Judicial Magistrate, Thiruvidaimarudhur, for which, the petitioner cannot be blamed. In fact, the order passed by the Principal Seat of Madras High Court in TR.CMP.No.470 of 2019 dated 26.08.2019 was not properly implemented and erroneous implementation of the said order resulted denial of an opportunity to the petitioner to defend his case in O.S.No.251 of 2019. Therefore, this Court has got jurisdiction, since the case was transferred by this Court to the Family Court at Chennai and it was erroneously dealt with by the Court at Thiruvidaimarudhur.

Accordingly, Registry is directed to number the Civil Revision Petition in C.R.P.SR.No.116037 of 2022 and list the matter 'For Admission' on 25.01.2023.