YUMNAM RAJEN SINGH Vs. YUMNAM LUKHOI SINGH

JUDGEMENT

(1.) THIS is a civil revision petition filed by the defendant under section 115 of the C.P.Code against the order dated 12.04.2010 passed by Civil Judge (JD), Imphal East in Judicial Misc Case No.2 of 2010.

(2.) BY impugned order, the trial court rejected the application filed by the defendant under Section 5 of the Limitation Act seeking for condonation of delay of around one year and forty six days in filing the application filed under Order 9 Rule 13 of the C.P.Code for setting aside of the exparte decree dated 12.04.2010 passed by Civil Judge (JD), Imphal East in Judicial Misc Case No.2 of 2010 against the defendant.

(3.) AT the outset, I consider it apposite to state that this revision filed by the defendant under Section 115 of the Code is not maintainable because of the availability of remedy of appeal to petitioner to challenge the impugned order under Order 43 Rule (d) ibid. In other words, since the order impugned herein is appealable under Order 43 Rule (d) ibid and hence the revision under Section 115 is not maintainable in the light of bar contained in Section 115(1) and (2) ibid.