LATHA MENON Vs. PONNAMMA

JUDGEMENT

(1.) This is a referred matter.

(2.) In Seetha Ramachandran @ Seetha Varma and others v. K.B.Radhakrishnan [2012 (4) KLT 856] a learned Single Judge of this Court held that provisions of Order XXIII, Rule 1 of the Code of Civil Procedure, 1908 do not apply to interlocutory applications. The said order was rendered after referring to the judgments of the Madras High Court in Latchayya and another v. Surya Prakasa Rao [AIR 1928 Madras 1165] and of the Calcutta High Court in B.A. Stores Syndicate v. Stores and Engineering Supply Company [AIR 1952 (39) Calcutta 411 (CN 116)]. The said judgments were rendered prior to introduction of the Explanation to Sec. 141 of the Code, which was in the year 1976. Pointing out that in view of the clarification in the said Explanation that 'proceedings' include proceedings under Order IX of the Code as well, the matter was referred to the Division Bench opining that the decision in Seetha Ramachandran requires a relook.

(3.) Heard the counsel appearing for the petitioners and the learned counsel appearing for the respondent.