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Judgment
The petitioner herein was the plaintiff. He had instituted a suit in OS No. 123 of 1994 against the respondents in the Court of Principal Senior Civil Judge at Chittoor for certain reliefs. During the pendency of suit, the respondents/defendants filed IA No.862 of 1997 alleging that the suit is barred under Sections 70, 118 and 125 of the Karnataka Co-operative Societies Act, 1959. The said IA was heard on merits and was allowed and OS No.123 of 1994 was dismissed by docket order. Aggrieved by the order passed in IA No.862 of 1997 passed by the Principal Senior Civil Judge, Chittoor, the present revision petition is filed.
Heard the learned Counsel for the petitioners and also the Counsel for the respondent at the admission stage.
IA No.862 of 1997 was allowed and the effect of allowing IA is the dismissal of the suit in OS No.123 of 1994. When the suit itself was dismissed, the order passed in IA No.862 of 1997 merges with the final order of dismissal of the suit and therefore, the Civil revision petition is not maintainable u/s 115 of the Code of Civil Procedure. The petitioner/plaintiff ought to have filed regular appeal under Order 41 of CPC as the dismissal of the suit is also a decree as defined u/s 2(2) CPC. Therefore, the Civil Revision Petition is dismissed with a liberty to the petitioner/ plaintiff to file an appeal within one month from to-day before an appropriate forum. The petitioner is also entitled to raise all legal objections in appeal permissible under law.