High CourtsDivision Bench(1942) 03 MAD CK 0031

Karingamanna Melathil Karnavan Rama Kurup and Another vs Thirnnavaya, Kalathil Veettil's children Kunhipathumma and Others

Madras High Court · Decided on 19 March 1942 · Citation: (1942) 55 LW 425 : (1942) 2 MLJ 99

HON’BLE JUDGES
Patanjali Sastri, J

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Judgment

8 paragraphs · 167 words

Patanjali Sastri, J.—The petitioner asks for return of the memo, of Civil Revision Petition for presentation to the District Court as an appeal

as in view of the decision in Perumalla Venkayya Vs. Batchu Pullayya, an appeal lies in a case like this to the District Court and the Civil Revision

Petition is therefore incompetent. Mr. Govinda Menon for the petitioners relies on the provision of Order 7, Rule 10 read with Sections 107(2)

and 141 of the CPC as supporting the prayer. I do not consider that these provisions are applicable to the case as revisional jurisdiction is peculiar

to this Court and there can be no question of returning the Civil Revision Petition for presentation as a Civil Revision Petition to any other Court in

the province. The prayer cannot therefore be allowed. There can be no objection to the return to the petitioner of the enclosures he has filed and

they will accordingly be returned.

2.

The Civil Revision Petition is dismissed with costs.