Sellam v. the Assistant Engineer
Case brief
What is this about?
Civil revision against an order allowing rejection of plaint before the District Munsif. The High Court held that rejection of plaint is a deemed decree under Section 2(2) CPC, so the remedy is a Civil Miscellaneous Appeal before the Subordinate Judge, Mettur. Revision dismissed with liberty and time to file the appeal.
What did the court decide?
Liberty granted to file a Civil Miscellaneous Appeal before the Subordinate Judge, Mettur within 30 days, to be numbered without insisting on Section 5 CPC application; revision otherwise dismissed, n