KARUPPAYEE Vs. CHINNAMMAL

JUDGEMENT

(1.) A preliminary objection has been taken to this revision petition on the ground that petitioner will, if necessary, be able to advance the considerations now relied on in an appeal against any decree which may be passed against him.

(2.) There is no doubt that he will be able so to advance them. Gopala Chetti v. Subhier 26 M. 604 : 13 M.L.J. 308. And there is authority for treating this fact as decisive against the sustainability of a revision petition. Nand Ram v. Bhopal Singh 16 Ind. Cas. 1 : 34 A. 592 : 10 A.L.J. 130. On the other hand, though, no doubt, the point has not been formally taken in any reported case in this Court, this Court s practice has certainly been to entertain petitions such as the present; and the reasons for abandoning that practice call for careful scrutiny, when its abandonment will entail in many cases the holding of a trial on the merits, which will ultimately turn out to have been unnecessary.

(3.) Sections 115, Civil Procedure Code, authorises revision in "any case in which no appeal lies to the High Court." The practice of the Court already referred to can be justified if the "case" in question is throughout treated as meaning only that which has resulted in the setting aside of the ex parte decree and not the suit in which the decree is passed, against which an appeal lies. The letter view was taken, by the Bombay High Court in Motilal Kashibhai v. Nana 18 B. 135. But the Madras case therein, referred to does not seem; to me to support it. Nor has other Madras authority, which does, so been cited. In these circumstances, following the practice of this Court, I deal with the petition.