Revision dismissed holding that delay in filing appeal and compliance with Order 41 Rule 3(A) are to be adjudicated by the trial court in the main appeal.
Civil Revision Petition dismissed; Court below directed to expedite hearing.
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HONOURABLE SRI JUSTICE N.V. RAMANA CIVIL REVISION PETITION No:1898 OF 2011
ORDER:
The petitioner, who is the 1st respondent in A.S.No.179 of 2010 on the file of the II Additional District Judge, Ranga Reddy District, filed this Civil Revision Petition under Article 227 of the Constitution of India against the order dated 11.4.2011 passed in I.A.No.2761 of 2010 by the learned District Judge.
The petitioner herein filed the above Interlocutory Application under Order 41 Rule 3 r/w Order 7 Rule 11 CPC., seeking to reject the appeal on the ground of non-compliance of Order 41 Rule 3(A) of CPC. The Court below after taking into consideration various aspects particularly, the objection as to the filing of the appeal without any application for condonation of delay and also taking note of the date of listing of the appeal for hearing viz., 12.11.2010, dismissed the application on the ground that it is a matter of mixed question of fact and law, which require to be adjudicated in the main appeal.
Heard the learned counsel for the petitioner.
The grounds urged by the petitioner in the above interlocutory application are that there was delay in filing the appeal and the appellant did not file any application for condonotion of delay and therefore, the appeal cannot be entertained.
The issue as to whether the appeal is filed in time or not and whether the appellant has complied with the provisions of Order 41 Rule 3 A of CPC is a matter to be adjudicated in the main appeal as rightly observed by the Court below. Therefore, I do not find any reason to interfere with the order under revision and hence, the revision is liable to be dismissed.
Accordingly, the Civil Revision Petition is dismissed. It is always open to the petitioner to raise all these grounds in the appeal. The Court below is directed to expedite the hearing of the appeal.
Justice N.V. Ramana
Date:10th June, 2011 Nn.
HONOURABLE SRI JUSTICE N.V. RAMANA
CIVIL REVISION PETITION No:1898 OF 2011
10.6.2011
3 provisions across 2 enactments
Petitioner
District Judge, Ranga Reddy
N.V. Ramana
As recorded by the court registry
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