ANANDHANANDHAM Vs. MUNIAMMAL

JUDGEMENT

(1.) The above Civil Revision Petition is filed invoking the provisions of Article 227 of the Constitution of India, challenging the Judgment and Decree dated 29.07.2004 of the learned District Munsif, Polur, in O.S.No.266 of 1997. The petitioner has adopted this procedure as it is his contention that his remedy to file a regular appeal is barred by the provisions of Section 96(4) of the Code of Civil Procedure.

(2.) As this Court was of the opinion that the remedy open to the petitioner to challenge the Judgment and Decree in O.S.No.266 of 1997 is only by way of a regular appeal and not by invoking the superintending powers of this court under Article 227 of the Constitution of India, this Court had directed the learned counsel for the petitioner to first address his arguments on the maintainability of the revision. Therefore, this Court at the outset is considering the Revision on maintainability.

(3.) A brief narration of the facts relevant to consider the maintainability or otherwise of the revision is reproduced herein below.