ORDER

This Civil Revision Petition is directed against the order passed in I.A.No.2 of 2023 in O.S.No.4958 of 2023 dated 09.08.2023 on the file of Learned XV Assistant City Civil Court at Chennai.

2. The Registry has raised an objection as to how this petition is maintainable against the order passed under Order 39 Rule 1 and 2 of CPC as the same is appellable order.

3. The revision was represented by making an endorsement that the Civil Revision Petition is maintainable as the impugned order in the present CRP is not appellable order.

4. Since the Registry was not satisfied, the above petition has come up before this Court for deciding the maintainability.

5. On a perusal of the impugned order it is seen that the Trial Court has issued notice through Court and posted the matter on 22.09.2023 and has not passed any adverse order. When this being the case the petitioner has filed the present Civil Revision Petition without any valid grounds.

6. At the out set it is necessary to refer Order 43 Rule 1 of Civil procedure Appeal from Orders:- An Appeal shall lie from the following orders under the provisions of Section 104 namely:

an order under Rule 1, Rule 2, Rule2(A) Rule 4 or Rule 10 of Order XXXIX consider the the above, it is very much clear that statutory appeal remedy available to challenge the order passed under Order 31 Rules 1 and 2 of CPC is to prefer an appeal under Order 43 Rule 1 of CPC.

7. This Court is of the view that it is a well recognized principle when an appellable remedy is very well available before the Court below without invoking the same the petitioner cannot file the present Civil Revision Petition.

8. In the result, the Civil Revision Petition is rejected as not maintainable at the SR stage.

24.08.2023 smn Index : Yes/No Internet: Yes/No To.

1. The XV Assistant City Civil Court at Chennai V.BHAVANI SUBBAROYAN,J.

Smn

24.08.2023