Justice CS Dias held so while considering a plea filed by a person against the order of a trial court which dismissed his application to return his plaint, plaint documents, court fee, and legal benefit fund stamps.
The single-judge held that the course of action adopted by the petitioner in filing said application without appealing against the decree itself, was untenable and impermissible in law.
“The judgment falls squarely under Section 33 of the Code and was followed by a decree. A decree passed under Section 33 of the Code is appealable under Section 96 of the Code. Without challenging the decree, the petitioner has filed Ext.P3 application with a seemingly innocuous prayer for the return of the plaint, the plaint documents, the court fee and legal benefit fund stamps. The said course is untenable and impermissible in law, mainly because the petitioner has consciously paid the balance court fee, participated in the trial and has suffered a decree,” the Court said in its order.
Source: Barandbench
