PADMAVATHI Vs. KARUPPASAMI

JUDGEMENT

(1.) THE petitioners/respondents/plaintiffs have filed this Revision Petition against the order in A. S. CFR. No. 8866 of 2007, dated 17. 7. 2007, passed by the learned Subordinate Judge, Tiruppur, in returning the memorandum of appeal filed by the revision petitioners herein.

(2.) THE Learned Subordinate Judge, Tirupur has returned the memorandum of appeal filed by the revision petitioners herein on 17. 7. 2007 inter alia stating that "an order passed upon the petition under Order 21 Rule 97 of Civil Procedure code is not a decree, by a final order against which no appeal is prescribed in order 43 Rule 1 and hence the petitioners will have to seek relief only by preferring revision petition by the High Court and therefore, return the memorandum of appeal.

(3.) THE Learned counsel for the revision petitioners urges before this Court that the order passed by the Learned Sub Judge, Tirupur in A. S. CFR. No. 8866 of 2007 dated 17. 7. 2007 is an erroneous order and inasmuch as the order passed under Order 21 Rule 98 of Civil Procedure Code is to be treated as a decree only and an appeal lies since any order passed under Order 21 Rule 103 of Civil procedure Code is not a revisable one and these legal aspects of the matter have not been adverted to and appreciated by the Trial Court in proper perspective which has resulted in miscarriage of justice and therefore, prays for allowing the Civil Revision Petition in furtherance of substantial cause of justice.