Partly allowed

Smt B.Malathi v. M.Bhojan

Madras HC14 Dec 2016CRP/4572/2010

Case brief

AI extract

What is this about?

This single-judge High Court order granted liberty to the petitioner to file an appeal before the First Appellate Court under Section 14 CPC against the rejection of the plaint in the underlying Civil Suit. The Court directed the registry to transmit the original judgment and decree and imposed a two-week deadline for filing the appeal while emphasizing that no separate condonation of delay applic

What did the court decide?

Liberty granted to file an appeal before the First Appellate Court within two weeks of receipt of the order copy without filing a separate application for condonation of delay.

Smt B.Malathi Vs M.Bhojan — Execution and Attachment | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 14.12.2016

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

¶5

C.R.P.(NPD) No.4572 of 2010

¶6

1.B.Malathi 2.V.Anandhi ... Petitioners/Respondents/ Plaintiffs Vs M.Bhojan ... Respondent/Petitioner/ Defendant

¶7

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 30.09.2010 in I.A.No.157 of 2010 in O.S.No.18 of 2009, on the file of the District Munsif, Kotagiri, The Nilgiris.

¶8

For Petitioners : Mr.Bijesh Thomas For Respondent : Mr.S.Dhanasekaran O R D E R

¶9

Since the defendant has filed the application in I.A.No.157 of 2010 for rejection of plaint and the learned District Munsif, Kotagiri, The Nilgiris by an order dated 30.09.2010 has allowed the application by passing the orders, against which this Civil Revision Petition has been filed.

¶10

As per Section 14 of CPC, this petitioner/plaintiff ought to have approached the District Court, since it seems that the decree passed in I.A.No.157 of 2010 by rejecting the plaint which is an appealable order. Therefore, he sought for the liberty to approach the Appellate Court by way of filing the appeal suit. Accordingly, this Court has accepting his grievances and the Civil Revision Petition is closed, by returning the papers with liberty to the petitioner/plaintiff to file an appeal before the Appellate Court though the decree has been passed in I.A.No.157 of 2010 on 30.09.2010 by rejecting the plaint and the copy was made ready on 11.10.2010, this Civil Revision Petition has been filed on 22.12.2012, within the time limit. Hence, the Civil Revision Petition is closed, by giving

¶11

https://hcservices.ecourts.gov.in/hcservices/

¶12

liberty to the petitioner to file an appeal before the First Appellate Court and the first Appellate Court without directing to file condone delay application to number the appeal, since the Civil Revision Petition has been filed within a period of 30 days before this Court, without filing the appeal before the Appellate Court and to dispose the same.

¶13

3.Registry is directed to give the original judgment and decree to the petitioner and the petitioner is directed to file the appeal within a period of two weeks from *the date of receipt of a copy of this order. The first appellate court is directed to dispose the appeal within a period of three months from the date of numbering of the appeal. No costs.

¶14

Sd/Assistant Registrar(CS II) dt.16.12.16 *Amended as per order dt.18.1.17 made in CRP.NPD.No.4572/10 sd/Assistant Registrar (Co) dt.1.2.17 //True Copy// Sub Assistant Registrar To The District Munsif, *To be substituted for the order Kotagiri, already despatched on 16.12.16 The Nilgiris.

¶15

*1 cc to Mr.Bijesh Thomas,advocate,sr.3508 +1 cc to Mr.V.Raghunathan,advocate,sr.3886.

¶16

C.R.P.No.4572 of 2010 NM I(CO) CA(16/12/2016) krd 1/2

¶17

https://hcservices.ecourts.gov.in/hcservices/

Smt B.Malathi v. M.Bhojan

Case brief

What is this about?

What did the court decide?

Smt B.Malathi v. M.Bhojan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Moses Aided Middle School Vs Kamala Kristy Kirays

Karunanithi Vs Rajendran

Ellammal Vs Saroja

Anthony Vs Sivasankaran

Jaishankar Vs Rajamanickam

O.E.Siva Mehendran Vs Inba Nila W/O Sellappan