Lordship s Vaithiyanathan j peculiar order in divorce case direction to registry
C.M.S.A.SR.No.107052 of 2019
1/10
C.M.P.No.26266 of 2019
in
C.M.S.A.SR.No.107052 of 2019
Reserved on Pronounced on
09.12.2019 20.12.2019
Petitioner Respondent
PU.VENKATESAN
NO.7/227, (NEAR VELAMMAL
SCHOOL) MOGAPPAIR WEST, CHENNAI
37.
P.G.EGAVALLI
NO.3/96, SEVINDIAMMAN KOIL ST,
VANGANOOR PO, PALLIPAT TK,
TIRUVALLUR DT.
SMT. DEEPTHI ARIVUNIDHI
I ADDL DISTRICT JUDGE, TIRUVALLUR
COIMBINED COURT.
Petitioner Counsel Respondent Counsel
PU.VENKATESAN P
Subject NOT available
District TIRUVALLUR Presentation Date 01/10/2019
Prayer
To accept the cause title for adding Judge Smt Deepthi Arivunidhi as
Respondent 2 in the above Case and thus render justice.
S.VAIDYANATHAN,J.
The Petitioner / Party-in-Person has come forward with the present
petition, seeking to accept the cause title for adding the I Additional District
Judge, Tiruvallur, namely, Smt.Deepthi Arivunidhi as Respondent No.2 in the
Civil Miscellaneous Second Appeal, which is in SR stage.
For the sake of brevity, the parties would be referred to as per their
nomenclature in the present petition as “Petitioner” and “Respondent No.1 /
Wife, namely, P.G.Egavalli”.
[12/21, 09:31] Sekarreporter 1: C.M.P.No.26266 of 2019 in
C.M.S.A.SR.No.107052 of 2019
8/10
the execution of any warrant or order, which he would be bound
to execute, if within the jurisdiction of the person issuing the
same.”
In addition to the above, there is one more act, called The Judges
(Protection) Act, 1985, to secure additional protection for Judges and others
acting judicially and relevant section of the Act is extracted hereunder:
“3. Additional protection to Judges.—(1) Notwithstanding
anything contained in any other law for the time being in force
and subject to the provisions of sub-section (2), no court shall
entertain or continue any civil or criminal proceeding against any
person who is or was a Judge for any act, thing or word
committed, done or spoken by him when, or in the course of,
acting or purporting to act in the discharge of his official or
judicial duty or function.”
It is pertinent to state here that if a decision rendered by the Lower
Forum is found to be wrong, in the appeal, the Appellate Court can rectify the
same and rewrite the judgment. Likewise, if a decision is rendered based on
any extraneous consideration, then the Higher Forum will suo motu take action
against the Subordinate Judicial Officers. But, the averments made in the
present case on hand are not germane and it is not known as to why Registry
had not listed the matter for maintainability before numbering the present
Civil Miscellaneous Petition.
Considering the totality of the circumstances, I find that there is no
[12/21, 09:32] Sekarreporter 1: C.M.P.No.26266 of 2019 in
C.M.S.A.SR.No.107052 of 2019
9/10
ground made out to accept the case of the Petitioner so as to amend the cause
title by adding the name of the I Additional District Judge, Tiruvallur therein.
Accordingly, the present Civil Miscellaneous Petition is dismissed. It is open to
the Registry to scrutinize the papers and number the Civil Miscellaneous
Second Appeal, provided the same is in order. It is further directed that
before numbering the CMSA, Registry must ensure that the name of the I
Additional District Judge, Tiruvallur does not find place anywhere in the
petition, typeset, etc., including the cause title and if it is found, the same
needs to be struck off / deleted by the Registry, by duly endorsing the order
passed in this petition today.
20.12.2019
