✦ Kerala High Court · 21 Nov 2007

CRP No. 2497 of 2002 · Kerala High Court

CRP No. 2497 of 2002M N KRISHNAN

Case at a glance

Decided
21 Nov 2007
Bench
M N KRISHNAN

Provisions considered

Judgment

M.N.KRISHNAN, J=====================C.R.P. No.2497 OF 2002=====================Dated this the 21st day of November 2007ORDERWhen the civil revision petition came up for admission, learned counsel for the respondent had contended that the C.R.P. is not maintainable in view of the specific provision under Order 43 Rule 1(d) of the Code of Civil Procedure. The orders passed in the petitions filed for condoning the delay and setting aside the ex parte are dismissed. The learned Munsiffdismissed the same. When an order under Order 9 Rule 13 C.P.C. rejecting an application (in a case open to appeal) an order to set aside a decree set exparte, appeal is maintainable. When an appeal is maintainable, C.R.P.cannot be entertained. Therefore, C.R.P. is dismissed as not maintainable. M.N.KRISHNAN, JUDGECdp/-

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — O. 9 r. 13.

Which court decided this case, and when?

Kerala High Court, on 21 Nov 2007. The bench was M N KRISHNAN.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. CRP No. 2497 of 2002). ← Search more judgments