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In Re: Chidipatu Somayya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in31Ind.Cas.307
AppellantIn Re: Chidipatu Somayya
Excerpt:
civil procedure code. (act v of 1908), order xvii, rule 3 - decision passed 'forthwith,' whether one on merits. - sadasiva aiyar, j.1. a decision passed 'forthwith' under order xvii, rule 3, of the civil procedure code is a decision passed on the merits on the materials then before the court and if it is a decision in a suit under section 9 of the specific relief act, a review of such a decision is barred by section 9 itself.2. i am asked to treat this as a petition to revise the decision in the suit itself though it is a petition to revise the order, refusing to grant a review. it was, however, admitted that there is pending in this court a separate petition already filed to revise the decision in the suit.3. i therefore, dismiss the petition.
Judgment:

Sadasiva Aiyar, J.

1. A decision passed 'forthwith' under Order XVII, Rule 3, of the Civil Procedure Code is a decision passed on the merits on the materials then before the Court and if it is a decision in a suit under Section 9 of the Specific Relief Act, a review of such a decision is barred by Section 9 itself.

2. I am asked to treat this as a petition to revise the decision in the suit itself though it is a petition to revise the order, refusing to grant a review. It was, however, admitted that there is pending in this Court a separate petition already filed to revise the decision in the suit.

3. I therefore, dismiss the petition.


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