Revision petition challenging an order setting aside dismissal under Order IX Rule 9 CPC was dismissed as not maintainable, since the order is appealable under Order XLIII Rule 1 CPC. Liberty given to file an appeal within a fixed period without a condonation application.
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CRP No.2530 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2024
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
CRP No.2530 of 2024
1.Annamalaithai 2.Jothilakshmi 3.P.Saraswathi 4.Kaleeswari 5.S.Amudha 6.Balaji Kumar 7.Ganesh Kumar (Cause-title accepted vide court order dt.13.6.24 made in CMP. No.9571/2024 in CRP SR 42487/2024) .. Petitioners
-vs-
1.D.Dheenadayalan 2.R.Murugesan 3.N.lakshmi 4.Nagaraj .. Respondents
Prayer: Revision petition filed under Section 115 of CPC against the order passed in IA No.2 of 2023 in OS No.5967 of 2013, dated 03.01.2024, on the file of III Assistant City Civil Judge, Chennai.
For Petitioners : Mr.P.Ananda Kumar * * * * *
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CRP No.2530 of 2024
ORDER
This is a revision challenging the order passed under Order IX Rule 9 of the Code of Civil Procedure by the learned III Assistant Judge, City Civil Court at Chennai in I.A.No.2 of 2023 in O.S.No.5967 of 2013 dated 03.01.2024.
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CRP No.2530 of 2024
the certified copy of the order and decretal order in I.A.No.2 of 2023 in O.S.No.5967 of 2013 dated 03.01.2024 to the learned counsel appearing for the petitioner after obtaining usual endorsements.
19.07.2024 Index : Yes/No Neutral Citation : Yes/No sra
To
The III Assistant City Civil Judge, Chennai.
Page 3 of 4
CRP No.2530 of 2024
V. LAKSHMINARAYANAN, J.
(sra)
CRP No.2530 of 2024
19.07.2024
Page 4 of 4
1 issue framed by the court
Whether a revision under Section 115 CPC is maintainable against an order passed under Order IX Rule 9 CPC which is appealable under Order XLIII Rule 1 CPC.
4 provisions across 2 enactments
Annamalaithai
Jothilakshmi
P. Saraswathi
Kaleeswari
S. Amudha
Balaji Kumar
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
