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2007 DIGILAW 2196 (MAD)

Bosco v. Alexander & Others

2007-07-16

M.CHOCKALINGAM

body2007
Judgment :- The order of the learned Subordinate Judge, Cuddalore made in I.A.No. 249 of 2000 denying to grant final decree is challenged by the revision petitioners. 2. It was a suit for partition. On 12. 1976, an ex parte preliminary decree was passed. The plaintiff filed I.A.No. 249 of 2000 for passing a final decree. The application was dismissed on the ground of memo of compromise entered between the parties in OS.No. 32 of 1985. Hence, no final decree can be passed. Under the said circumstances, the said order is sought to be challenged in this Civil Revision Petition. 3. The only contention put forth by the learned counsel for the respondents is that if the revision petitioner is really aggrieved by the dismissal of the application for final decree, he should have preferred a regular appeal before the appropriate forum and invoking the provisions of Section 115 Code of Civil Procedure before this Court by way of this petition does not arise. 4. The said contention of the respondents has got to be accepted as one in accordance with law. Under the circumstances, the Civil Revision Petition is dismissed with liberty to the petitioner to file an appeal before the regular forum. In so far as the delay in preferring the appeal is concerned, the lower court is directed to consider the period of pendency of the Civil Revision Petition before this Court, in the light of Section 14 of the Limitation Act. No costs. Consequently, connected CMPs are closed.