IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 CRP.No. 84 of 2011 AGAINST THE ORDER DATED 11/01/2011 IN IA.3770/2010 IN AS.405/2008 OF DISTRICT COURT, THRISSUR REVN. PETITIONERS: PETITIONERS: PLAINTIFFS: --------------------- 1. METHARKUTTI @ ABDUL KHADAR, S/O. KOTTEKKATTIL PEERUMUHAMMED, POTTIMADA, VANIYAMPARA DESOM, PEECHI VILLAGE, THRISSUR DISTRICT. 2. SAINABA, W/O. KOTTEKKATTIL METHARKUTTI @ ABDUL KHADER, POTTIMADA, VANIYAMPARA DESOM, PEECHI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.T.M.ABDUL LATIEF RESPONDENTS:RESPONDENTS: DEFENDANTS: --------------- 1. SAIDHU MEERAN, S/O. KOTTEKKATTIL PEERUMUHAMMED, POTTIMADA, VANIYAMPARA DESOM, PEECHI VILLAGE, THRISSUR - 680 653. 2. JABBAR, S/O. KOTTEKKATTIL PEERUMUHAMMED, POTTIMADA, VANIYAMPARA DESOM, PEECHI VILLAGE, THRISSUR - 680 653. 3. ISMAIL, S/O.CHELLAPARAVUTHAR, AYAKODE AMSOM, KONNAMCHERI DESOM, ALATHUR TALUK - 680 741. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ C.R.P. NO. 84 OF 2011 ------------------------------------------------------ Dated this the 22nd day of February, 2011 O R D E R The appeal filed by the petitioners as A.S.No.405 of 2008, District Court, Thrissur was dismissed for default. The petitioners filed an application under Order XLI Rule 19 of the Code of Civil Procedure for re-admission of the appeal. That application was dismissed as per the order impugned in this Revision. 2. Rule 1(t) of Order XLIII of the Code of Civil Procedure provides for an appeal against an order of refusal under Rule 19 of Order XLI of the Code of Civil Procedure to re-admit an appeal. Since the order impugned is appealable, no revision lies. Accordingly, the Civil Revision Petition is dismissed as not maintainable. Dismissal of this Civil Revision Petition will not be a bar for the petitioners to file an appeal. Registry will return the certified copy C.R.P. NO.84 OF 2011 :: 2 :: of the order impugned to the learned counsel for the petitioners, after substituting a photocopy of the same. (K.T.SANKARAN) Judge ahz/