The High Court of Kerala dismissed a Civil Revision Petition challenging an order allowing impleadment in an Original Suit. The court held the petition was not maintainable as it does not finally terminate proceedings, though a separate original petition can be filed.
Revision Petition dismissed without prejudice to the right to file an 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
WEDNESDAY, THE 17TH DAY OF OCTOBER 2012/25TH ASWINA 1934
CRP.No. 434 of 2012 ()
IA.NO.3800/2011 IN OS.494/2010 of ADDL.MUNSIFF COURT,CHERTHALA
REVISION PETITIONER(S):
ANDAKARANZHI P.O., PADINJATTUMKARA THEKKUM MURI THURAVOOR THEKKU VILLAGE, CHERTHALA.
BY ADV. SRI.JOBY CYRIAC
RESPONDENT(S):
ANDAKARANAZHI P.O., PADINJATTUMKARA THEKKUM MURI THURAVOOR THEKKU VILLAGE, CHERTHALA TALUK - 688 532.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.CHITAMBARESH, J.
C.R.P.No. 434 of 2012
Dated this the 17th day of October, 2012
O R D E R
An order allowing impleadment is impugned in this Civil Revision Petition. The Civil Revision Petition even if allowed does not finally terminate the proceedings. Therefore the Civil Revision Petition is not maintainable as per the amended provisions. The Civil Revision Petition is hence dismissed without prejudice to the right of the petitioners to file an Original Petition.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether a civil revision petition challenging an order allowing impleadment is maintainable in light of amended provisions.
KRISHNA SHENOY
BALAGOPAL SHENOY
RAMACHANDRA SHENOY
RAMESHCHANDRA SHENOY
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
