P M JEEVANANDAN Vs. SOMAVALLY AMMA NAIR

JUDGEMENT

(1.) RESPONDENTS 1 to 3 appear through counsel.

(2.) HEARD both sides.

(3.) IT is contended by the learned counsel for petitioner that actually the plaint was not rejected but it was returned. The learned counsel in fairness concedes that while ordering return of the plaint there was no direction as provided under Rule 10A of Order VII of the Code. Exhibit P3, order passed by the learned Munsiff came under Rule 10 of Order VII of the Code. If that be so, Ext.P3, order is appealable under Rule 1(a) of Order XLIII of the Code. Then also, the Original Petition is not the proper remedy available to the petitioner. In that view of the matter there is no reason to review the judgment in the Original Petition.