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MANJU M.LAL, W/O.LATE MANOHARLAL versus VANAJA J., W/O. SIVARAJAN

High Court of Kerala

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MANJU M.LAL, W/O.LATE MANOHARLAL v. VANAJA J., W/O. SIVARAJAN - WP(C) No. 2707 of 2007(V) [2007] RD-KL 1916 (24 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2707 of 2007(V)

1. MANJU M.LAL, W/O.LATE MANOHARLAL,
... Petitioner

Vs

1. VANAJA J., W/O. SIVARAJAN,
... Respondent

2. SUBHAGA @ SUBHAGA RAVEENDRAN,

3. SUSHAMA @ SUSHAMA THANKAPPAN,

4. SUSEELA @ SUSEELA RAJAN, W/O.RAJAN,

5. LALI @ LALI MOHANAN, W/O. MOHANAN,

6. YAMUNA @ YAMUNA ROY, W/O. ROY,

7. SREEDEVI SUBHASH, W/O.SUBHASH,

8. M.B.MANOJLAL, S/O.BALAKRISHNAN,

For Petitioner :SRI.P.B.SAHASRANAMAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :24/01/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.

W.P.(C) .NO. 2707 OF 2007 Dated 24th January 2007

J U D G M E N T

This petition is filed challenging dismissal of an application, under Section 5 of Limitation Act for condoning the delay in filing an application under Rule 13 of Order IX of Code of Civil Procedure. Remedy of the petitioner is to challenge the order, dismissing the application under Order IX Rule 13 by filing an appeal. Without filing an appeal, the challenge as against dismissal of the petition under Section 5 alone is not sustainable. Even without filing a separate revision against the order dismissing an application under Section 5 of the Limitation Act, petitioner is entitled to challenge that order in the appeal. But he is not entitled to challenge the order under Rule 13 of Order IX in a proceeding like the present one where an order under Section 5 of Limitation Act is challenged. Petitioner is not entitled to challenge the order under Order IX Rule 13 of C.P.C by re-course to Article 227 of 2 Constitution of India, when he has an effective remedy by way of appeal as provided under Order XLIII Rule 1 of C.P.C this petition is dismissed with liberty to file appeal. M.SASIDHARAN NAMBIAR,

JUDGE.

uj.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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