SAROJA Vs. SELVANAYAGI ALIAS BABY

JUDGEMENT

(1.) THE Petitioner/2nd Defendant has projected the present Civil Revision Petition as against the order dated 18.02.2005 in I.A.No.1399 of 1998 in O.S.No.98 of 1989 passed by the Learned District Munsif, Tirupur.

(2.) THE Learned District Munsif, Tirupur, while passing the order in I.A.No.1399 of 1998 on 18.02.2005, has, among other things, observed that 'the Petitioner/2nd Defendant has not approached the Court with clean hands and that already I.A.No.986 of 1990 filed under Section 5 of the Limitation Act, 1963 has been dismissed and as such, the present application is not maintainable and consequently, dismissed the same with costs.'

(3.) A perusal of Order 43 Rule 1(d) of Civil Procedure Code indicates clearly that as against I.A.No.1399 of 1998 filed under Order 9 Rule 13 praying to set aside the ex parte decree and when the said application has been rejected by the Court, then, the remedy is only to prefer a Civil Miscellaneous Appeal before the First Appellate Court.