ORDER :- The question that arises for consideration in this Civil Revision Petition is whether when an application made to a Civil Court to make a complaint of an offence falling under S. 195 (1) (b) or (c). Criminal Procedure Code is dismissed for default, an application to set aside Code, is competent. I should have thought the dismissal under O. 9, R. 9, Civil Procedure that the contention of the petitioner was unarguable. A reference has been made to the decision of Full Bench in Kumaravel v. Shanmuga, ILR (1940) Mad 762 : (AIR 1940 Mad 465) (A). All that the Full Bench decided was that if an application is made to a Civil Court under S. 476, Criminal Procedure Code, and the Court grants or refuses to grant the application to prosecute a party to the suit or the witnesses before it, a revision has to be brought before the High Court under S. 115 Civil Procedure Code, and not under S. 439, Criminal Procedure Code.

There was a controversy about this point of procedure for some time and it was set at rest by this decision of the Full Bench. This case, however, has no application in considering the question whether an application to take action under S. 476, Criminal Procedure Code,

Click Here to Read the rest of this document