Hindu Higher Secondary School Committee through its Secretary v. Sri Andal Thiru Kalyana Committee of through its representative Srivilliputtur
2013-01-10
G.RAJASURIA
body2013
DigiLaw.ai
JUDGMENT 1. The Civil Revision Petition has been filed to get set aside the order dated 03.06.2008 passed in I.A.No.590 of 2001 in O.S.No.45 of 1996, by the learned Principal District Munsif, Srivilliputtur. 2. Heard both sides. 3. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this Civil Revision Petition would run thus: (i) I.A.No.590 of 2001 was filed by the plaintiff under Order 20, Rule 12(b) of the Code of Civil Procedure with the following prayer: “TAMIL” (Extracted as such) (ii) The counter affidavit was filed by the revision petitioner/respondent/defendant herein. The matter was contested and it was enquired into and on the petitioner's side, P.W.1 and P.W.2 were examined and the documents Exs.P.1 to P.5 were marked and on the respondent's side, R.W.1 was examined and Exs.C.1 to C.6 were marked as Court documents. (iii) Ultimately, the lower Court quantified the sum and passed the order and decreetal order, which in my considered opinion amounts to a decree under Order 20 Rule 12(2) of the Code of Civil Procedure. 4. In such a case, only appeal would lie as against such decreetal order and not Civil Revision Petition. 5. In view of the same, this Civil Revision Petition is dismissed, giving liberty to the revision petitioner to file the appeal before the regular Appellate Court concerned, excluding the time taken for prosecuting this Civil Revision Petition. Consequently, the connected Miscellaneous Petition is dismissed. No costs.