Case Note & Summary
The case involves a Civil Revision Petition filed by Smt. Kamal W/o Gulab Singh Rajaput against an order of the Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal, Saundatti, in LAC Miscellaneous No.13/2014 dated 05.04.2019. The impugned order rejected I.A. No.1 filed under Section 5 of the Limitation Act, 1963, and consequently dismissed the main petition filed under Order XXI Rule 105 and 106 read with Section 151 of the Code of Civil Procedure, 1908 (CPC). The revision petitioner sought to set aside this order. The High Court of Karnataka, Dharwad Bench, heard the counsel for the petitioner and examined the office objection regarding maintainability. The court noted that the order rejecting the limitation application and dismissing the main petition constitutes a 'case decided' under Section 115 CPC, making the revision petition maintainable. The court overruled the office objection and allowed the revision petition, setting aside the impugned order and remanding the matter back to the trial court for fresh consideration of the application under Section 5 of the Limitation Act on its merits, with a direction to dispose of the same within three months.
Headnote
A) Civil Procedure Code - Maintainability of Revision - Section 115 CPC - Order rejecting application under Section 5 of Limitation Act and dismissing petition under Order XXI Rule 105 and 106 CPC is revisable under Section 115 CPC - The court held that such an order is a 'case decided' and is amenable to revision jurisdiction, as it disposes of the rights of the parties. (Paras 2-5)
Issue of Consideration
Whether a Civil Revision Petition under Section 115 CPC is maintainable against an order rejecting an application under Section 5 of the Limitation Act and dismissing the main petition under Order XXI Rule 105 and 106 CPC.
Final Decision
The court overruled the office objection, allowed the Civil Revision Petition, set aside the impugned order dated 05.04.2019, and remanded the matter to the trial court for fresh consideration of I.A. No.1 under Section 5 of the Limitation Act on its merits, directing disposal within three months.
Law Points
- Section 5 of Limitation Act
- 1963
- Order XXI Rule 105 and 106 CPC
- Section 115 CPC
- Maintainability of Civil Revision Petition
