Golthi Bennabathudu v. Goithi Vijaya & Anr.
Case at a glance
- Bench
- K C BHANU
Provisions considered
- Code of Civil Procedure, 1908 O. IX r. 4; O. XXI r. 58
Key paragraphs
- Para 44. The Civil Revision Petition is devoid of merit and is, accordingly, dismissed leaving open remedies available to the petitioner under law. No costs. --------------------- (K.C.Bhanu, J.)
Judgment
This Civil Revision Petition is filed challenging the order dated 05.05.2009 in E.A. No.128 of 2006 in E.A. No.161 of 2003 in E.P. No.122 of 2002 in O.S. No.297 of 2001 on the file of the Principal Junior Civil Judge, Narsimpatnam, whereunder and whereby petition filed under Order IX Rule 4 and under Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to set aside the default dismissal order dated 1.7.2005 and restore the claim petition in E.A. No.161 of 2003, was dismissed.
Heard and perused the record.
The order impugned needs no interference in view of the fact that the application under Order XXI Rule 58 CPC was dismissed for default and there was delay in fling the petition to set aside the said order. Unless and until the delay is condoned, the petition to set aside the said dismissal order is not maintainable.
The Civil Revision Petition is devoid of merit and is, accordingly, dismissed leaving open remedies available to the petitioner under law. No costs. --------------------- (K.C.Bhanu, J.)
3.2.2011 DRK
THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 3117 of 2009
3.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 3117 of 2009
3.2.2011 Between: Golthi Bennabathudu And …Petitioner Goithi Vijaya & another …Respondents
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.