Sarita Vs. Dilip

Sarita vs Dilip

Disposition Revision dismissed Court Madhya Pradesh Decided Aug 28, 2002

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Citation: sooperkanoon.com/511736
Court: Madhya Pradesh High Court
Judge: A.K. Gohil, J.
Decided On: Aug 28, 2002
Case Number: Civil Revision No. 159 of 2002
Subject: Civil
Disposition: Revision dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil
Outcome / disposition: Revision dismissed
Acts & sections: Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 7, Rule 11

Parties & Advocates

Appellant / Petitioner

Sarita

Advocate M.A. Bohara, Adv.

Respondent

Dilip

Advocate O.P. Sharma, Adv.

Legal References

Acts: Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 7, Rule 11
Cases Referred: Divya and Ors. v. Dinesh Kushzvaha.
Reported In: I(2003)DMC393

Excerpt

- ordera.k. gohil, j.1. no revision is maintainable against the rejection of amendment application which is an interlocutory order. the trial court has also rejected the application filed under order vii rule 11 of the code about the maintainability of the suit. the husband has filed suit for declaration that he has obtained divorce as per the prevailing custom in his caste which is fully established. the trial court has held that such a suit is maintainable placing reliance on the decision in the case of p. mariammal v. padmanabhan, air 2001 madras 350.2. learned counsel for respondent submitted that this court has also taken similar view in the order passed on 7.8.2002 in civil revision no. 160 of 2002, sandhya @ divya and ors. v. dinesh kushzvaha.3. accordingly it is held that the suit is maintainable and the trial court has rightly rejected the objections filed on behalf of the applicants/defendants.4. consequently this revision has no merits and is hereby dismissed with no order as to costs. trial court record be returned back immediately. both the parties are directed to appear before the trial court on 7.10.2002 for further proceedings in the suit. in view of the aforesaid order, m.(c)p. no. 300/2002 stands disposed of.c.c. to both in 3 days on payment of usual charges.

Full Judgment

ORDER

A.K. Gohil, J.

1. No revision is maintainable against the rejection of amendment application which is an interlocutory order. The Trial Court has also rejected the application filed Under Order VII Rule 11 of the Code about the maintainability of the suit. The husband has filed suit for declaration that he has obtained divorce as per the prevailing custom in his caste which is fully established. The Trial Court has held that such a suit is maintainable placing reliance on the decision in the case of P. Mariammal v. Padmanabhan, AIR 2001 Madras 350.

2. Learned Counsel for respondent submitted that this Court has also taken similar view in the order passed on 7.8.2002 in Civil Revision No. 160 of 2002, Sandhya @ Divya and Ors. v. Dinesh Kushzvaha.

3. Accordingly it is held that the suit is maintainable and the Trial Court has rightly rejected the objections filed on behalf of the applicants/defendants.

4. Consequently this revision has no merits and is hereby dismissed with no order as to costs. Trial Court record be returned back immediately. Both the parties are directed to appear before the Trial Court on 7.10.2002 for further proceedings in the suit. In view of the aforesaid order, M.(C)P. No. 300/2002 stands disposed of.

C.C. to both in 3 days on payment of usual charges.

Same Court & Year Madhya Pradesh · 2002 Same Parties Sarita vs Dilip Same Subject Civil Same Judge A.K. Gohil, J. Acts & Sections Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 7...

Civil