The High Court of Kerala dismissed a civil revision petition challenging an order dismissing an application for appointment of a commission, holding it was not maintainable as the order did not finally dispose of the suit.
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. 542 of 2008()
----------------------------AGAINST THE ORDER DATED 06/02/2008 IN IA.3638/2007 IN OS.726/2005 of ADDL.M.C.,KOTTAYAM
REVN. PETITIONER/PETITIONER/PLAINTIFF :
KOTTAYAM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER.
BY ADV. SRI.T.A.SHAJI,SC,KOTTAYAM DIST.CO-OP.BAN
RESPONDENT/COUNTER PETITIONER/DEFENDANT :
SAIDKUTTY, JAINA MANZIL, PANAYAKAZHIPPU, MUTTAMBALAM, KOTTAYAM.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP.No. 542 of 2008
ORDER ON I.A.1593/2008 IN CRP.No. 542/2008
DISMISSED.
18.07.2008 SD/-, M.SASIDHARAN NAMBIAR, JUDGE
-TRUE COPY-
P.A. TO JUDGE
pac
M. SASIDHARAN NAMBIAR, J.
C.R.P. NO. 542 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 passed by the Additional Munsiff, Kottayam in I.A. 3638 of 2007 in O.S. 726 of 2005. By that order learned Munsiff has only dismissed the application for appointment of a commission. Even if the revision is to be allowed as sought for by the petitioner and the commission application is allowed, it will not finally dispose the suit. Hence, in view of the proviso to sub section 1 of Section 115 of the Code of Civil Procedure, revision is not maintainable.
Revision petition is dismissed.
M. SASIDHARAN NAMBIAR, JUDGE
Okb/-
1 issue framed by the court
Whether a revision under Section 115 of the CPC is maintainable when the impugned order dismisses an application for appointment of a commission without finally disposing of the suit.
1 provisions across 1 enactments
Kottayam District Co-operative Bank
Saidkutty
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
