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A. Rajamony Vs. V. Azhakappan - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(PD)(MD)No. 2162 of 2016 & C.M.P(MD)No. 10090 of 2016
Judge
AppellantA. Rajamony
RespondentV. Azhakappan
Excerpt:
(prayer: civil revision petition filed under section 115 of the civil procedure code praying this court to set aside the order and decretal order made in i.a.no.591 of 2015 in o.s.no.261 of 2013, dated 22.12.2015, on the file of sub-court, nagercoil.) 1. this revision has been filed seeking for a direction to set aside the order and decretal order made in i.a.no.591 of 2015 in o.s.no.261 of 2013, dated 22.12.2015, on the file of sub-court, nagercoil. 2. as per the provisions contained in order 43 rule 1(d) of the civil procedure code, any order passed under order 9 rule 13 of c.p.c is an appealable order. hence the present civil revision petition filed by the petitioner is not maintainable. 3. accordingly, the civil revision petition is dismissed, with liberty granted to the petitioner to.....
Judgment:

(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to set aside the order and decretal order made in I.A.No.591 of 2015 in O.S.No.261 of 2013, dated 22.12.2015, on the file of Sub-Court, Nagercoil.)

1. This revision has been filed seeking for a direction to set aside the order and decretal order made in I.A.No.591 of 2015 in O.S.No.261 of 2013, dated 22.12.2015, on the file of Sub-Court, Nagercoil.

2. As per the provisions contained in Order 43 Rule 1(d) of the Civil Procedure Code, any order passed under Order 9 Rule 13 of C.P.C is an appealable order. Hence the present Civil Revision Petition filed by the Petitioner is not maintainable.

3. Accordingly, the Civil Revision Petition is dismissed, with liberty granted to the Petitioner to file appeal before the appellate Court. Consequently, connected Miscellaneous Petition is dismissed. No costs.


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