PALLOTHU SEETHARAMAYYA Vs. MANDA ANJAYYA
HIGH COURT OF MADRAS
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(1.) This is a civil revision petition filed against the order made by the learned Additional Subordinate Judge of Vijayawada in C. M. P. No. 2071 of 1951 in O. S. No. 129 of 1951.
(2.) C. M. P. No. 2071 of 1951 was an application made by the defendant under Order 37, Rule 3, Civil Procedure Code, for leave to defend the suit. The learned Subordinate Judge came to the conclusion that the defence was not a bona fide one and therefore gave leave to the defendant to defend on his depositing the suit amount into court and time was given for doing so till 25th September 1951.
(3.) The contest before me in this civil revision petition is twofold, viz., that first of all, when the learned Subordinate Judge had come to the conclusion that on Pallothu Seetharamayya vs. Manda Anjayya (03.03.1952 - MADHC) Page 1 of 4 the defence put forward there was a triable issue he should not have imposed any condition and secondly, that on the facts the defence put forward could not be considered to be lacking in bona fides.;
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