Karnataka High CourtCivil Procedure and EvidenceCivil Law

Karnataka HC Dismisses Daughter’s Revision Against Plaint Strike-Out As Not Maintainable, Gives 4 Weeks To Seek Proper Remedy

SMT B R LEELAv.SRI D L RANGANATH

Karnataka HC Dismisses Daughter’s Revision Against Plaint Strike-Out As Not Maintainable, Gives 4 Weeks To Seek Proper Remedy. SMT B R LEELA vs SRI D L RANGANATH. Karnataka High Court. LawLens
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In brief

The question

1. Whether a civil revision petition under Section 115 CPC was maintainable against the trial court’s order allowing an application under Order VII Rule 11 CPC

The court held

The High Court upheld the maintainability objection and dismissed the civil revision petition.

It also directed

It granted the petitioner liberty to pursue the appropriate remedy within four weeks from receipt of a copy of the order; any pending interlocutory applications were closed

01Facts

The petitioner challenged an order dated 26 September 2026 in O.S. No. 2672 of 2020, by which the trial court allowed I.A. No. 5, filed under Order VI Rule 16 and Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (CPC)

p. 7

The High Court Office objected to the maintainability of the revision petition under Section 115 CPC because the trial court had allowed an application under Order VII Rule 11 CPC

p. 7

02Issues

i.1. Whether a civil revision petition under Section 115 CPC was maintainable against the trial court’s order allowing an application under Order VII Rule 11 CPC

p. 7

03Law Applied

The petition invoked Section 115 CPC, which provides for the High Court’s revisional jurisdiction in specified circumstances.

pp. 7–8

The challenged trial-court order concerned an application under Order VII Rule 11 CPC.

pp. 7–8

Provisions in the judgment · 2 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 115Section 151

04Reasoning

The Court’s stated basis for disposing of the petition was the Office objection that a revision under Section 115 CPC was not maintainable because the trial court had allowed an application under Order VII Rule 11 CPC.

pp. 7–8

It upheld that objection and dismissed the petition without examining the merits of the trial court’s order or elaborating on the governing maintainability principle

pp. 7–8

05Holding

The High Court upheld the maintainability objection and dismissed the civil revision petition.

p. 8

It granted the petitioner liberty to pursue the appropriate remedy within four weeks from receipt of a copy of the order; any pending interlocutory applications were closed

p. 8
Karnataka High Court

Original Court PDF

SMT B R LEELAvsSRI D L RANGANATH

Karnataka High Court · November 05, 2026

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