MOHAMMAD Vs. MUKUNDAN

JUDGEMENT

(1.) This revision application is filed purportedly under S.115 of the Code of Civil Procedure against the decision of the Learned Single Judge of this Court in M.F.A. No. 369/2002. The above judgment was passed in an appeal under S.113 of the Panchayat Raj Act against an order in Election Petition. According to the petitioner, revision petition has been filed against the order by the appellate court in an appeal filed under S.113 of the Panchayat Raj Act. It has been held by the Division Bench of this Honourable Court in Sushama v. Mercy Antony as reported in 1999 (3) KLT 818 that Civil Revision Petition is maintainable against the orders passed by the Appellate Court / District Court in appeals filed under S.113 of the Panchayat Raj Act. The dictum held and laid down in Saraswathy v. Kamala reported in 1997 (1) KLT 855 also holds the same position. Hence the above CRP is maintainable as the impugned order is passed by the Appellate Court under S.113 of the Panchayat Raj Act. Division Bench in the above decision considered maintainability of revision application when Appellate Court was District Court which was subordinate to the High Court.

(2.) S.115 (1) of the Code of Civil Procedure reads as follows:

(3.) Since the appeal was disposed of by a learned Single Judge of this Court, S.115 is not applicable as power of the High Court under S.115 of CPC is only to revise orders passed by the subordinate courts and not judgments or orders passed by a single Judge of High Court. Therefore, we agree with the registry in not numbering the petition.