P KODANDARAMI REDDY Vs. NAGARJUNA INVESTMENT TRUST LTD
HIGH COURT OF ANDHRA PRADESH
NAGARJUNA INVESTMENT TRUST LTD., HYDERABAD
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(1.)This court by an order dated 19-6-92 dismissed the C.R.P. C.R.P.4059/91 was filed assailing the legality of the order passed by the lower court on the sole ground that the impugned order passed under Rules 6 and 7 of Order, 39, C.P.C was without notice.
(2.)The present review petition is filed bringing to my notice that the main objection taken was that the lower court has not followed the procedure contemplated under Rule 8 of Order 39 C.P.C. and therefore, the order passed by this court on 19-6-92 has not dealt with the provisions of Rule 8 and hence the same needs review.
(3.)In order to decide this aspect, it is necessary to read down the provisions of Rule 8, Order 39, C.P.C. and it is as under.
"8 (1) An application by the plaintiff for an order under Rules 6 and 7 may be made at any time after institution of the suit. (2) An application by the defendant for a like order may be made at any time after appearance. (3) Before making an order under Rules 6 and 7 on an application made for the purpose, the Court, shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party."
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