Case Note & Summary
The case involves a review application filed by V.Sivasakthi (the applicant) seeking review of an order passed by the Madras High Court in W.P.23030 of 2022 on 30.08.2022. The applicant contended that the original order did not expressly grant liberty to approach the Civil Court. The Court, comprising Justice S.M.Subramaniam and Justice N.Mala, observed that if any civil right of the applicant is infringed, it is always open to approach the Civil Court of law, and no express grant of liberty is required. The Court found no error apparent on the face of the record and dismissed the review application with no costs, also closing the connected miscellaneous petition.
Headnote
A) Civil Procedure - Review Petition - Error Apparent on Face of Record - The review applicant sought review on the ground that liberty to approach Civil Court was not granted in the original order. The Court held that if any civil right is infringed, it is always open to approach Civil Court, and no express grant is necessary. Since there was no error apparent on the face of record, the review petition was dismissed. (Paras 1-2)
Issue of Consideration
Whether the review application should be allowed on the ground that liberty to approach Civil Court was not expressly granted in the original order.
Final Decision
The review application is dismissed. No costs. Connected miscellaneous petition is closed.
Law Points
- Review jurisdiction
- error apparent on face of record
- liberty to approach civil court
Case Details
2026 LawText (MAD) (06) 174
Mr.Sabarish for Mr.S.Kingston Jerold
The Registrar, Debt Recovery Tribunal III, Chennai; The Commissioner of Police, Greater Chennai Police; The Inspector of Police, Thirumangalam Police Station; Karur Vysys Bank; S.Tamizharasan; K.Karunamoorthy; M/S. Maruthi Agencies; V.Rajendran; D.Umanandhini
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Review application against an order in a writ petition related to debt recovery.
Remedy Sought
Review of the order dated 30.08.2022 in W.P.23030 of 2022, specifically seeking grant of liberty to approach Civil Court.
Filing Reason
The applicant claimed that the original order did not expressly grant liberty to approach Civil Court.
Previous Decisions
Order dated 30.08.2022 in W.P.23030 of 2022 was passed by the same court.
Issues
Whether the review application should be allowed on the ground that liberty to approach Civil Court was not expressly granted in the original order.
Submissions/Arguments
The applicant argued that liberty to approach Civil Court was not granted in the original order.
Ratio Decidendi
If any civil right of a party is infringed, it is always open to approach the Civil Court of law, and no express grant of liberty is required. A review petition lies only if there is an error apparent on the face of the record, which was absent in this case.
Judgment Excerpts
Review Application has been filed only on the ground that liberty has not been granted to writ petitioner / Review Applicant to approach Civil Court of Law. If at all any civil right of Review Applicant is infringed, it is always left open to approach Civil Court of Law.
Question of reviewing the order of this Court does not arise at all, since there is no error apparent on the face of record.
Procedural History
The applicant filed a writ petition (W.P.23030 of 2022) which was disposed on 30.08.2022. Subsequently, the applicant filed the present review application (REV.APLW No.72 of 2023) seeking review of that order.
