Shivamma v. Narayanappa
Case brief
What is this about?
Revision against rejection of an unnumbered plaint. Following T.Kumar, held that rejection of a plaint even before numbering is a deemed decree under Section 2(2) CPC, so regular appeal lies and revision is not maintainable.
What did the court decide?
CRP dismissed as not maintainable; liberty to file regular appeal; time from 12.09.2016 excluded; registry to return original impugned order.
What the court decided
C.R.P.(NPD).No.3003 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(NPD).No.3003 of 2016
1.Shivamma 2.Kanthamma 3.Kottamma @ Kanthamma 4.Anjamma 5.Savithiriamma 6.Krishnappa 7.Manjunath 8.Ammaiah @ Saraswathiamma 9.Appaiya ... Petitioners vs
1.Narayanappa 2.Anusuyamma 3.Saraswadamma
1/11
C.R.P.(NPD).No.3003 of 2016
4.B.N.Prakash
Issues for consideration
1 issue framed by the court
Whether a revision petition is maintainable against an order rejecting an unnumbered plaint under Article 227 of the Constitution.
Parties & counsel
- petitioner
Shivamma and others
- respondent
Narayanappa
- respondent
Anusuyamma
- respondent
Saraswadamma
Coram
Case details
As recorded by the court registry
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