CRP 5201/2024 Judgment of Hon’ble Justice N.Mala J dated 26.3.2026 Counsel for the Petitioner : Ms. Gopika Nambiar Counsel for the Respondent : Mr.Ralph V Manohar A Civil Revision Petition is maintainable as against the dismissal of an application seeking leave to defend in a summary suit. The parties need not be relegated to file an appeal. This proposition holds good even if a decree has already been passed in the summary suit. The Court arrived at this conclusion by relying upon the judgment in Shivsu Canadian Clear

by Sekar Reporter · June 8, 2026

CRP 5201/2024
Judgment of Hon’ble Justice N.Mala J dated 26.3.2026

Counsel for the Petitioner : Ms. Gopika Nambiar

Counsel for the Respondent :
Mr.Ralph V Manohar

A Civil Revision Petition is maintainable as against the dismissal of an application seeking leave to defend in a summary suit. The parties need not be relegated to file an appeal. This proposition holds good even if a decree has already been passed in the summary suit. The Court arrived at this conclusion by relying upon the judgment in Shivsu Canadian Clear International Limited case, which considered the judgment of the Supreme Court in Wada Arun, in proper perspective. The Court further opined that the judgments of the Learned Single Judges in Vijayakumar v Pradeep Kumar and Craft AD Publicity v M/s Next Radio had not considered the judgments in Wada Arun and Shivsu Canadian.