Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 47416 (MAD)

SUNDARI CHIT FUNDS v. S.I.Sathiya Nesan

CRP(MD)/1760/2026 · 2026-07-07

S Sounthar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HONOURABLE MR JUSTICE S. SOUNTHAR C.R.P(MD).No.1760 of 2026 and C.M.P(MD).No.8492 of 2026 1.Sundari Chit Funds, rep., through its Managing Director D.No.327/MS-Complex, Radhapuram Road, Valliyoor, Radhapuram Taluk, Tirunelveli District. 2.Sundari 3.Sankaranarayanan 4.Narendra Prabhu @ Senthil Adhiban ... Petitioners Vs S.I.Sathiya Nesan ... Respondent Prayer: Petition is filed under Article 227 of the Constitution of India, to call for the entire records and set aside the judgment and decree dated 09.10.2018 made against O.S.No.139 of 2012 on the file of the learned Subordinate Judge, Valliyoor. For Petitioners : Mr.S.Vidhya Sagar ORDER This civil revision petition is filed challenging the judgement and decree passed in O.S.No.139 of 2012 dated 09.10.2018 on the file of the Subordinate Court, Valliyoor. 1/4 https://www.mhc.tn.gov.in/judis 2.The respondent herein instituted a suit seeking recovery of money based on chit fund transaction. The said suit was decreed by directing the petitioner to pay a sum of Rs.4,22,500/- together with interest at the rate of 12% per annum. Aggrieved by the same, the petitioners/defendants preferred this revision. 3.As against the judgment and decree passed by the regular Civil Court, an appeal will lie under Section 96 of the Code of Civil Procedure. In view of the availability of appeal remedy before the regular Civil Appellate Court, the present civil revisioin petition filed by the petitioner is not at all maintainable, as held by the Hon'ble Apex Court in the case of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs., Tuticorin Educational Society and others, reported in 2019 INSC 1117. 4.The learned counsel for the petitioners submitted that the suit itself is not maintainable, since the alleged chit was unregistered one. The petitioners are entitled to raise all the issues including the maintainability of the suit before the Appellate Court. This Court is not inclined to exercise its discretionary supervisory jurisdiction, in view of the availability of the 2/4 https://www.mhc.tn.gov.in/judis alternative remedy of appeal before the regual Appellate Court as per law laid down in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai's case cited supra. Hence, this Civil Revision Petition stands dismissed with liberty to the petitioners to approach the regual First Appellate Court. No costs. Consequently, connected Miscellaneous Petition is closed. 07.07.2026 NCC : Yes/No Index : Yes/No Rmk Note to Registry: Registry is directed to return the certified copy of the judgment and decree, filed along with the revision by the petitioners, to the learned counsel for the petitioners, after obtaining usual endorsement. To 1.The Subordinate Judge, Valliyoor, Tirunelveli District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis S. SOUNTHAR.J. Rmk C.R.P(MD).No.1760 of 2026 07.07.2026 4/4 https://www.mhc.tn.gov.in/judis