THE HON’BLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.3094 of 2024

ORDER:

Heard Sri. V.V.Ramana, learned counsel for the revision petitioners and Sri.Srinivas Chitturu, learned counsel for the respondent. Perused the record.

2. ThisCivil Revision Petition is filed challenging the order 18.09.2024 passed in I.A. No. 431 of 2023 in O.S. No. 158 of 2023 by the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, wherein, the petition filed under Order XXXVII Rule 3 of the Civil Procedure Code, 1908 (for short, ‘the CPC’) to grant leave to the revision petitioners to defend the main suit in O.S. No. 158 of 2023 which is a summary suit, was dismissed.

3. Learned counsel for the respondent challenged the maintainability of the Civil Revision Petition placing reliance on the judgment of the High Court of Judicature at Madras in C.R.P. No. 2769 of 2024 and C.M.P. No. 14696 of 2024, wherein the reference is made to the judgment of the Hon’ble Supreme Court of India in the case of Ajay Bansal v. Anup Mehta and others1,wherein it is

2007 [2] SCC 275

held that an application under Article 227 of the Constitution of India would not be maintainable where an Appeal lies.

4. It is observed by the Hon’ble Supreme Court of India in Ajay Bansal (Supra) as follows:

“An appeal lay from the decree under Section 96 of the Code. When an appeal could be filed, ordinarily, an application under Article 227 of the Constitution of India would not be entertained.”

(verbatim reproduced)

5. Further, it is held that that the Civil Revision Petition under Article 227 of the Constitution of India is not maintainable for challenging the order passed under Order XXXVII Rule 3(6) of the CPC to grant leave to defend the suit as a remedy of appeal is available.

6. The facts of the present case are squarely covered in the ratio laid down by the Hon’ble Supreme Court in the case of Ajay Bansal (Supra). An order passed under Order XXXVII Rule 3 of the CPC has to be appealed and that the Civil Revision Petition under Article 227 of the Constitution of India, is not maintainable.

7. In the result, the Civil Revision Petition is dismissed as not maintainable with liberty to the revision petitioners to pursue other remedies available in the law by excluding the time period consumed in prosecuting the present Civil Revision Petition. There shall be no order as to costs.

Miscellaneous Petitions, if any pending, shall stand closed.

___________________ RENUKA YARA, J Date: .2025 gms HON’BLE SMT. JUSTICE RENUKA YARA FOR ORDERS IN CIVIL REVISION PETITIONNo.3094 of 2024 .2025 gms