Judgment · High Court · 2009

THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 CRP.No.742 of 2008 ------------------------- OS.38/2008 of SUB COURT, QUILANDY .................... REVN. PETITIONER: PLAINTIFF ------------------------------------- P.AJITH KUMAR, S/O.DAMODARAN NAIR, AGED 38 YEARS, 11/107, ANAKKULAM, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK, KOZHIKODE DIST. BY ADV. SRI.SHYAM PADMAN SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT: DEFENDANT -------------------------------- KUNNATH RAJAGOPALAN, S/O.VELAYUDHAN NAIR, AGED 65 YEARS, KASABA VILLAGE, DESOM, CHALAPPURAM (P.O),KOZHIKODE. ADV. SRI.K.SANEESH KUMAR FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P. No.742 of 2008 ------------------------------------------------ Dated this the 19th day of January, 2009 ORDER The revision is assailing Annexure-A2 order whereunder the court below directed the petitioner/plaintiff to make necessary amendments and pay court fee within two weeks, having entered findings on issue No.3 that the suit has to be valued under Section 22 of the Court Fees Act for claim for damages of Rs.1 lakh.

Heard the counsel for the petitioner. The revision is not maintainable under Section 115 C.P.C as the order that is sought to be revised is one which if it had been allowed in favour of the revision petitioner, would not have disposed of the suit. Hence dismissed. It is made clear that the dismissal of this C.R.P shall not be a bar for the petitioner assailing the order impugned in any other C. R. P. No.742 of 2008 -2- appropriate proceedings. kns/- K.P.BALACHANDRAN, JUDGE