The petitioner/defendant has filed the civil revision petition as against the order dated 31.10.2008 in I.A.No.305 of 2008 in O.S.No.112 of 2004 on the file of Additional District Court (Fast Track Court-2), Salem in dismissing the application filed by the revision petitioner/defendant under Order 9 Rule 13 and Section 151 of Civil Procedure Code to set aside the exparte decree dated 29.09.2004 passed in the main suit.
2.The trial Court while passing the order in I.A.No.305 of 2008 has inter alia come to the conclusion that the suit has been adjourned for numerous times and in spite of the same, the petitioner has not appeared before the Court and has come to the resultant conclusion that the petition cannot be allowed on any score and resultantly dismissed the same without costs.
3.It is to be bear in mind that as per Order 43 Rule 1(d) an order passed by the competent Court under Order 9 Rule 13 of Civil Procedure Code is liable to be challenged only in the form of an appeal and viewed in the perspective, this Court is of the considered view that as against the order passed in I.A.No.305 of 2008 dated 31.10.2008 only the civil miscellaneous appeal lies before the competent forum as per Section 104 (i) read with Order 43 Rule(1) (d) of Civil Procedure Code and resultantly, the civil revision petition is dismissed as not maintainable.
4.In the result the civil revision petition is dismissed as not maintainable leaving the parties to bear their own costs. Consequently connected miscellaneous petition is closed. It is made clear that the dismissal of the civil revision petition will not in any way preclude the revision petitioner/defendant to seek appropriate remedy before the competent forum, if so advised in the manner known to law.
cla To The Additional District Judge, (Fast Track Court-2), Salem