IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 CRP.No.87 of 2005 (B) --------------------------- CMA.15/2004 of SUB COURT, SULTHANBATHERY IA.16/2004 of MUNI-MAGI.COURT,MANANTHAVADY .................... REVN. PETITIONER: APPELLANT ------------------------------------- G.K.KRISHNAN KUTTY, S/O.GOVINDAN, THONDARNADU AMSOM, MATTILAYAM P.O., MANANTHAVADY TALUK. BY ADV. SRI.S.M.PRASANTH RESPONDENT: RESPONDENT --------------------------------- VAZHAYIL NARAYANAN, S/O.CHATHAN, VAZHAYIL HOUSE, MATTILAYAM P.O., MANANTHAVADY TALUK. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ C. R. P. No.87 of 2005 ------------------------------------------------ Dated this the 3rd day of October, 2008 ORDER This C.R.P is filed by the appellant/ plaintiff assailing the order passed by the first appellate court in C.M. Appeal No.15/04 rejecting the C.M. Appeal at the admission stage observing that there is no sufficient ground to admit the appeal. The order passed by the appellate court is extracted hereunder for reference:- “Heard the counsel. There is no sufficient ground to admit this appeal. Hence, the appeal is not admitted. It is rejected.” 2. It is not clear from the order of the Sub Judge as to whether he has considered the case in all its aspects on merits. An order which is not speaking and refusing admission without assigning any reason is not what is expected of a first appellate court. The order under revision, therefore, deserves to be set C. R. P. No.87 of 2005 -2- aside and the matter remitted back to the first appellate court for disposal afresh according to law. 3. In the result, allowing this C.R.P, I set aside the order of the first appellate court impugned and remit the case back to the Sub Court, Sulthanbathery for disposal of C.M. Appeal No.15/04 afresh by passing a proper judgment according to law whether it be rejecting the C.M. Appeal at the admission stage or considering the appeal on merits after admission. The court below shall dispose of the C.M. Appeal positively within two months from the date of receipt of a copy of this order. The petitioner shall produce a copy of this order before the appellate court positively within one month from today. K.P.BALACHANDRAN, JUDGE kns/-