PUKHRAMBAM BUDHICHANDRA SINGH Vs. THOKCHOM NILAMANI SINGH

JUDGEMENT

(1.) Heard Mr. R.K.Nokulsana, learned senior counsel for the petitioner and also Mr.Th. Tolapishak learned counsel for the Respondent.

(2.) Upon hearing the learned counsel on both sides, I find that this revision petition has been filed against the judgment and order dated 2.8.2002 passed by the Addl. District Judge, Fast Track Court, Manipur East rejecting the application filed under Order IX Rule 13 of the C.P.C. for setting aside the ex-parte decree dated 17.4.2002 passed in Money Suit No.293/1999/6/2002, against which an appeal lies under O.XLIII R. 1 (d) of C.P.C. and as such, no revision under Section 115 of the C.P.C. lies. At this stage, Mr. Nokulsana has submitted for converting this revision petition (Revision Case) into an appeal thereby treating the petition of revision as a memo of appeal carried from the impugned order dated 2.8.2002 passed by the learned Trial Court in Judl. Misc. Case No. 98/2002.

(3.) Mr.Tolapishak has rightly conceded this legal proposition that appeal lies against the impugned order and as such, revision does not lie. Thus, the only question is whether the application may be treated as a memo of appeal.