Dismissed

Kesavan Viswambharan v. Nandi Granites Pvt.Ltd.

Kerala HC16 Mar 2007RP/295/2007

Case brief

AI extract

What is this about?

The respondent filed a review petition against a judgment that dismissed a writ petition but directed expeditious disposal of an appeal. The petitioner sought to review the time limit to allow adding evidence under Order XLI Rule 27 CPC. The Court dismissed the review, holding that a time limit for disposal does not bar considering applications under the Civil Procedure Code.

What did the court decide?

Review petition is dismissed. No reason found to review the judgment directing expedited disposal.

Kesavan Viswambharan Vs Nandi Granites Pvt.Ltd. — Civil Procedure and Limitation | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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FRIDAY, THE 16TH MARCH 2007 / 25TH PHALGUNA 1928

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RP.No. 295 of 2007(K)

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--------------------AGAINST THE JUDGEMENT IN WPC.31812/2006 Dated 30/11/2006 ....................

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REVIEW PETITIONER/RESPONDENT

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KESAVAN VISWAMBHARAN, THERIVILAPUTHAN, VEEDU, PORUNTHAMON, PULIMATHU VILLAGE.

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BY ADV. SRI.M.R.RAJESH

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RESPONDENTS/PETITIONER

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NANDI GRANITES PVT.LTD., REPRESENTED BY ITS DIRECTOR, R.SEKHAR, HOODI APARTMENT, GROUND FLOOR NO.120, BANGALORE, KARNATAKA STATE, REPRESENTED BY POWER OF ATTORNEY HOLDER, N.RAJARAM, S/O.V.NASHAPPA GOUNDER.

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BY ADV. SRI.K.P.DANDAPANI (SR.)

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR,J.

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R.P.NO. 295 OF 2007

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Dated 16^th March 2007

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O R D E R

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As per judgment dated 13/11/2006 writ petition filed by respondent challenging the order in I.A.1849/05 in A.S.129/2005 was dismissed. While dismissing the writ petition, Sub court was directed to dispose the appeal expeditiously and in any event within six months from the date of receipt of copy of judgment. Writ petition was disposed at the admission stage. This petition is filed by respondent in the writ petition to review judgment with an application to condone the delay contending that appellant is intending to file an application before first appellate court to adduce further evidence under Order XLI Rule 27 of the Code of Civil Procedure and in such circumstances, fixing a time limit for disposing the appeal in the judgment is to be reviewed.

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Learned counsel appearing for appellant and

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respondent were heard. I do not find any reason to review the judgment as sought for. Direction to

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RP 295/07

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dispose the appeal expeditiously within a time limit does not mean that learned Sub Judge shall not consider an application filed under Order XLI Rule 27 of the Code. Appellate court has to consider applications, if any, filed in the appeal in accordance with law and dispose them on merits.

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Review petition is dismissed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Kesavan Viswambharan v. Nandi Granites Pvt.Ltd.

Case brief

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Kesavan Viswambharan v. Nandi Granites Pvt.Ltd.

Case brief

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What did the court decide?

What the court decided

A compact analysis

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