ITTOOP Vs. TRICHUR MUNICIPALITY

JUDGEMENT

(1.) The revision is directed against an order by which the appellate court - the District Court, Trichur - dismissed an application filed by the respondent in the appeal questioning the maintainability of the appeal itself.

(2.) The revision petitioner instituted a suit against the Trichur Municipality for an injunction. On the date to which the suit was posted, the Municipality had omitted to file the written statement. The Trial Court decreed the suit. It inter alia observed in the judgment: "Counsel for the defendant concede, that there is no written statement". The Municipality took the matter in appeal. It is at that juncture the petition challenging the maintainability of the appeal itself was filed by the revision petitioner. As noted earlier, that was dismissed by the court below.

(3.) The contentions raised in the revision petition are the same as had been urged before the court below. They were to the effect: (1) that no appeal is maintainable from a judgment rendered under O.8 R.10 CPC.; and (2) that the decree passed by the court below, if it is treated as a decree, was a consent decree and consequently S.96(3) of the CPC., barred the appeal.