L. VICTORIA GOWRI
Balakrishnan – Appellant
Versus
Perumal – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the judgment and decree dated 04.07.2008 passed in A.S.No.17 of 2005 on the file of the Principal Subordinate Court, Dindigul as reversing the judgment and decree dated 30.11.2004 passed in O.S.No.37 of 2004 on the file of the District Munsif Court, Nilakkottai.)
1.This Civil Revision Petition is filed assailing the order passed by the Principal Subordinate Judge''s Court at Dindigul in A.S.No.17 of 2005 by reversing the judgment and decree dated 30.11.2004 passed in O.S.No.37 of 2004 on the file of the District Munsif Court at Nilakkottai.
2. The original suit in O.S.No.37 of 2004 was one for damages for an amount of Rs.31,000/- seeking to compensate the unforeseen difficulties and loss of income faced by the plaintiffs as a result of the false complaint lodged by the defendant as against the plaintiffs. The learned Trial Court framed three issues and the learned Trial Court was pleased to adjudicate the case on merits, decided all the three issues in favour of the plaintiffs and passed a decree directing the defendants to pay a compensation of Rs.5,000/- to the plaintiff
The main legal point established in the judgment is the principle that the availability of a specific remedy of appeal as provided under the Code of Civil Procedure, 1908, renders a Civil Revision Pe....
The judgment and decree passed under Order XXXVII of the CPC is amenable to routine appeal under Section 96 CPC, and a civil revision cannot split the judgment of the trial court.
The court's decision was based on the interpretation of Section 115 of the Code of Civil Procedure, 1908, and the arguments regarding the maintainability of the suit under Section 92 of the same code....
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
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