The High Court dismissed a civil revision petition challenging an order in an application to produce documents. The court held that no revision lies as the order did not finally dispose of the suit under the proviso to Section 115 CPC.
The civil revision petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930
CRP.No. 292 of 2008()
----------------------------AGAINST THE ORDER DATED 31/01/2007 IN IA.6067/2006 IN OS.58/2002 of PRL.SUB COURT,TRIVANDRUM
REVN. PETITIONER/PETITIONER/PLAINTIFF :
R.MOHANKUMAR, CONTRACTOR, MOHANAVILASAM, PARUMALAPOST, PATHANAMTHITTA DIST.
BY ADV. SRI.S.KRISHNAKUMAR SMT.K.V.JAINTHI
RESPONDENT/RESPONDENT/DEFENDANT :
TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHENCODE, TRIVANDRUM.
BY ADV. SRI.D.SREEKUMAR, SC, TDB
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP.No. 292 of 2008()
ORDER ON I.A.NO.825/2008 IN CRP.292/2008
DISMISSED
18.07.2008 SD/-, M.SASIDHARAN NAMBIAR, JUDGE -TRUE COPYP.A. TO JUDGE
pac
M. SASIDHARAN NAMBIAR, J.
C.R.P NO. 292 OF 2008
Dated this the 18th day of July, 2008
O R D E R
This petition is filed under Section 115 of the Code of Civil Procedure challenging the order in I.A. 6067 of 2006 in O.S. 58 of 2002 on the file of Sub Court, Thiruvananthapuram. That is an application filed by petitioner directing respondent/defendant to produce documents. The learned Sub Judge dismissed the petition. Even if the revision is allowed, it will not finally dispose the suit. Hence as provided under the proviso to sub section 1 of Section 115 of Code of Civil Procedure, no revision will lie against the order. Revision petition is dismissed as not maintainable.
M. SASIDHARAN NAMBIAR, JUDGE
Okb/-
1 issue framed by the court
Whether a revision under Section 115 CPC lies against an order dismissing an application to produce documents which does not finally dispose of the suit.
1 provisions across 1 enactments
R. MOHANKUMAR
TRAVANCORE DEVASWOM BOARD
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
