CRP No. 2497 of 2002 · Kerala High Court
Case at a glance
- Decided
- 21 Nov 2007
- Bench
- M N KRISHNAN
Provisions considered
- Code of Civil Procedure, 1908 O. 9 r. 13
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.