LAWS(MAD)-2013-1-413

C. JEEVANKUMAR Vs. CHURCH OF SOUTH INDIA

Decided On January 09, 2013
C. Jeevankumar Appellant
V/S
CHURCH OF SOUTH INDIA Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the fair and decreetal order dated 12.04.2012 passed in I.A.No.418 of 2011 in O.S.No.272 of 2011, by the learned Additional Subordinate Judge, Tirunelveli.

(2.) HEARD both sides.

(3.) WHEN this Court raised a query as to how this Civil Revision Petition would straightaway lie instead of filing an appeal by invoking Order 43 Rule 1 of the Code of Civil Procedure and also in view of the decision of this Court in Durairajand others v. Venugopal and another reported in 2012-3-L.W. 807, the learned Counsel for the revision petitioner/plaintiff sought time to think over it and now, he in all fairness would submit that in the event of this Court finding that this Civil Revision Petition is not maintainable, liberty might be given to the revision petitioner/plaintiff to prefer an appeal excluding the time taken for prosecuting this revision.