Allowed an application to convert a Civil Revision Petition filed against an order modifying a preliminary decree into a regular first appeal due to limitation constraints.
Civil Revision Petition converted into a regular first appeal; Registry directed to number it as Appeal Suit.
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C.M.P.No.20225 of 2021 in
C.R.P.No.2492 of 2021
R.SUBRAMANIAN, J.
The Revision has been filed against the order modifying the preliminary decree passed in the suit. The order modifying the preliminary decree is in effect a decree by itself. Hence, an appeal will alone lie against the said order. Realizing the difficulty, the counsel for the petitioner has filed this petition in CMP.No.20225 of 2021 seeking conversion of the Civil Revision Petition into a regular appeal.
2. The order is dated 29.07.2021 and the copy of the same was delivered to the petitioner on 10.08.2021, the Revision has been filed within 90 days time allowed under law for filing an appeal.
3. In view of the same, I see no difficulty in converting the Revision into a regular first appeal. This petition in CMP.No.20225 of 2021 is allowed . The petitioner has also paid the required Court fee. Hence, the Registry is directed to convert the Revision into an appeal and number it as an Appeal Suit.
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R.SUBRAMANIAN, J.
dsa
4. Considering the urgency expressed by the counsel, Registry is
directed to post the stay petition before the concerned Judge dealing with the Appeal Suits at the earliest.
13.12.2021
dsa
C.M.P.No.20225 of 2021 in C.R.P.No.2492 of 2021
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3 issues framed by the court
Whether the Civil Revision Petition seeking conversion into a regular appeal can be allowed given the limitation period.
How to proceed with a Civil Revision filed against an order modifying a preliminary decree.
The appropriate remedy for challenging an order modifying a preliminary decree.
Petitioner
Respondent
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
