T. MANIKYAM Vs. T. NARASIMHAM
LAWS(APH)-1955-8-42
HIGH COURT OF ANDHRA PRADESH
Decided on August 19,1955

T. Manikyam Appellant
VERSUS
T. Narasimham Respondents


Referred Judgements :-

SHIVA RAO V. GANGAMMA [REFERRED TO]
SREEPATHI BALAIAH ALIAS BALA GURUMURTHY VS. DARSI RAMAYYA [REFERRED TO]


JUDGEMENT

SATYANARAYANA RAJU, J. - (1.)The respondent has been represented and on my request Mr. M. Krishna Rao agreed to appear as amicus curiae. He has given me the authorities bearing on the subject and has rendered valuable assistance.
(2.)The facts which have given rise to this revision petition are briefly these : O. S No. 148 of 1949 was dismissed on 29-2-1952. On 1-3-1952, the plaintiff, who is the petitioner in the present petition, filed an application for the copies of the Decree and Judgment for preferring an appeal. The copy application has been registered as C. A. No. 990. On 28-3-1952, copy application No. 990 in O. S. No. 148 was notified on the Notice Board and an amount of Rs. 11-2-9 was called for.
The counsel who appeared for the plaintiff and who made the copy application is one Mr. T. Venkata Rao. His initials are "T. V. R." But in the Notice-Board "Sri T. V. K. R." was shown as the advocate for the plaintiff. The amount having been furnished within the time granted, copy application was struck off. On 2-5-1952, the plaintiff filed C. M. P. 641 of 1952 for restoring the copy application No 990 which was struck off on 2-4-1952.

(3.)The mention of Mr. T. V. K. R. as the advocate for the applicant is a clear mistake on the part of the Office. The clerk of the learned advocate filed an affidavit stating that the non-filing, of the copy stamps within the time granted was duo to the mistaken entry on the Notice Board. But notwithstanding "this, the District Munsif, without giving notice to the defendant, dismissed the application in limine. It is to revise that order of rejection of the copy application that this present Revision Petition has been filed.
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