SHAHABEEN HAMEED Vs. MUHAMMED AJNAS A.B

JUDGEMENT

(1.) The petitioner filed OP No.141/2024 before the learned Family Court, Kasaragod, which was dismissed. He, thereupon, filed an application to restore the Original Petition - invoking the provisions of Order IX, Rule 9 of the Code of Civil Procedure (CPC), accompanied by an application to condone the delay of 118 days in filing it, but they have also been dismissed.

(2.) The petitioner has approached this Court against the aforesaid orders, through this Original Petition.

(3.) We are afraid that we cannot find this Original Petition to be maintainable because, we are of the firm view that, within the rigour of Order XLIII, Rule 1(c) of the CPC, only an Appeal will lie. In fact, we notice that the Registry had earlier raised an objection to such effect, but we had directed to number this Original Petition, at the request of the learned counsel for the petitioner, who asserted that he would be able to convince this Court to the contrary.