High Court bench held that Civil Revision Petition under Section 115 CPC is not maintainable against an order disallowing plaint amendment. Such challenge requires Original Petition under Article 227. CRP dismissed without prejudice to filing WP.
Civil Revision Petition dismissed without prejudice to right to file Original Petition.
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 V.CHITAMBARESH
FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934
CRP.No. 170 of 2012 ()
OS.369/2008 of MUSNIFF COURT,ADOOR
REVISION PETITIONER(S)/PETITIONERS/PLAINTIFFS:
BY ADVS.SRI.K.S.SIVA KUMAR
SRI.C.B.SREEKUMAR
RESPONDENT(S)/RESPONDENTS/DEFENDANTS:
BY GOVERNMENT PLEADER SMT. LILLY. K.T.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. CHITAMBARESH, J
C.R.P. NO. 170 OF 2012
Dated this the 5th day of October, 2012
ORDER
An order disallowing an application for amendment of the plaint is impugned in this Civil Revision Petition under Section 115 of the Code of Civil Procedure. The Civil Revision Petition even if allowed will only enable amendment to the plaint and will not finally terminate the proceedings. The Civil Revision Petition is obviously not maintainable and the order can be impugned only in an Original Petition under Article 227 of the Constitution of India.
The Civil Revision Petition is hence dismissed without prejudice to the right of the petitioners to file an Original Petition if so advised.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether a Civil Revision Petition is maintainable against an order disallowing amendment of plaint post-litigation commencement.
2 provisions across 2 enactments
Rettanma and Others
M/s. Mannam Sugar Mills Ltd.
The State of Kerala
The Tahsildar Taluk Office
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
