MANJU M LAL Vs. VANAJA J

JUDGEMENT

(1.) THIS petition is filed challenging dismissal of an application, under Section 5 of Limitation Act for condoning the delay in filing an application under Rule 13 of Order IX of Code of Civil Procedure. Remedy of the petitioner is to challenge the order, dismissing the application under Order IX Rule 13 by filing an appeal. Without filing an appeal, the challenge as against dismissal of the petition under Section 5 alone is not sustainable. Even without filing a separate revision against the order dismissing an application under Section 5 of the Limitation Act, petitioner is entitled to challenge that order in the appeal. But he is not entitled to challenge the order under Rule 13 of Order IX in a proceeding like the present one where an order under Section 5 of Limitation Act is challenged. Petitioner is not entitled to challenge the order under Order IX Rule 13 of C.P.C by re-course to Article 227 of Constitution of India, when he has an effective remedy by way of appeal as provided under Order XLIII Rule 1 of C.P.C this petition is dismissed with liberty to file appeal.