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. 7The 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. 702Issues
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. 703Law Applied
The petition invoked Section 115 CPC, which provides for the High Court’s revisional jurisdiction in specified circumstances.
pp. 7–8The challenged trial-court order concerned an application under Order VII Rule 11 CPC.
pp. 7–8Provisions 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. 7–8It 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. 7–805Holding
The High Court upheld the maintainability objection and dismissed the civil revision petition.
p. 8It 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. 8Original Court PDF
SMT B R LEELAvsSRI D L RANGANATH
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