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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. KUMAESH BABU, J
Santhanam Ammal – Appellant
Versus
Suresh – Respondent
| Table of Content |
|---|
| 1. introduction of petition challenging an order. (Para 1) |
| 2. overview of counsel arguments on the rejection. (Para 2 , 3) |
| 3. court's analysis on rejection equating to a decree. (Para 4 , 5) |
| 4. conclusion regarding appeal rights. (Para 7) |
| 5. final ruling on the petition. (Para 8) |
ORDER
The present Civil Revision Petition has been filed to set aside the fair and decreetal order passed in IA.No.637 of 2019 in OS.No.352 of 2018 dated
12.10.2020 on the file of the Subordinate Judge, Kallakurichi.
2. Heard Mr.G.Ranganathan, learned counsel for the petitioner and Mr.R.Raj Prasanna, learned counsel for the first respondent.
3. This instant revision petition has been filed, challenging the order passed in the Interlocutory Application in I.A.No.637 of 2019 in O.S.No.352 of
2018, which had been allowed, rejecting the plaint.
4. Section 104 of the CPC., read with Order XLIII of C.P.C., would indicate the appeals, which could be filed against the orders passed under the Code. Even though an order, rejecting the plaint had not been listed out under Order XLIII of C.P.C., it should be seen that rejection of the plaint follows with a decree of dismissal.
5. The said issue has also been cons
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