DEITIES OF SRI AUDINARAYANA SWAMY AND ANJENAYAASWAMI TEMPLES OF Vs. R HANUMACHARYULU

JUDGEMENT

(1.) The question we are called upon to decide in these two petitions is as to the effect of cancellation of a certificate under Order XII, Rule 3 of the Supreme Court Rules, 1950.

(2.) The deities of Sri Audinaraayanaswamy and Anjaneyaswami Temples of Donepudi represented by the Executive Officer, N. Mohana Rao, the petitioner in these petitions, obtained leave to 8 appeal to the supreme Court against the judgment of this Court in A. S. No. 591 of 1952. The petitioner had to furnish security and deposit the money required for preparation of books for the use of the Supreme Court before 18-12-1959. As he failed to do either till 4-3-1960 nor had he applied for extension of time, this Court cancelled the certificate granted on 6-11-1959. Shortly thereafter, the petitioner filed C. M. P. No. 4713 of 1960 for reviewing that order setting out the circumstances that prevented him from furnishing security and to make the necessary deposit.

(3.) When this petition came on for hearing, an objection was raised by the learned counsel for competent, as the order sought to be reviewed was made under Order XII, Rule 3 of the Supreme Court Rules and not under anay of the provisions of the Civil Procedure Code. Seeing the force of this contention the petitioner preferred another petition (S. R. No. 39553 of 1960) for leave to appeal to the supreme Court within application (C. M. P. No. 9711 of 1960) to condone the delay in presenting it.