Single judge of Kerala High Court dismissed civil revision petition challenging Municipal Court order rejecting plaint amendment, holding it non-maintainable as order does not finally dispose suit.
Revision petition dismissed with liberty to challenge order in appropriate proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930
CRP.No. 983 of 2007()
AGAINST THE ORDER DATED 23/08/2007 IN IA. 253 /2007 IN OS.213/2006 of MUNI-MAGI.COURT,THODUPUZHA
REVN. PETITIONER: PETITIONERS/PLAINTIFFS:
BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL
SRI.VARGHESE PARAMBIL
RESPONDENTS:
BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT FOR R1
SRI.SAJAN MANNALI FOR R2&3
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR, J.
C.R.P.No.983 of 2007
Dated this the 10th June, 2008.
O R D E R
This revision petition is filed under Section 115 of Code of Civil Procedure challenging the order in I.A.No.253/2007 in O.S.No.213/2006, on the file of the Munsiff Court, Thodupuzha, whereunder application filed to amend the plaint was rejected. The revision petition is not maintainable, in view of proviso to sub-section 1 of Section 115 of Code of Civil Procedure, as even if I.A.No.253/2007 is allowed in favour of the petitioners/plaintiffs, it will not finally dispose the suit. Revision petition is dismissed with liberty to challenge the order in appropriate proceedings.
M.SASIDHARAN NAMBIAR, JUDGE
nj.
1 issue framed by the court
Whether a revision petition under Section 115 CPC challenging an order rejecting amendment of plaint is maintainable when the order does not finally dispose the suit
1 provisions across 1 enactments
Janaki, W/o.Narayanan, Puthenpurackal
Rejani, D/o.Santha, Puthenpurackal
Sunil, S/o.Appu
Rajeev Punnathanam
Sajayan, S/o.Gopalan
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
