CRP/3524/2004 of Kalakotla Manohar Vs Kommula Babu on 31 December 2004

FRIDAY THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOUR: PRESENT:THE HON’BLE MS. JUSTICE: G. ROHINI

CIVIL REVISION PETITION No. 3524 OF 2004

(Petition under Article 227 of the Constitution of India to revise the order of theCourt of the II Additional Junior Civil Judge, Warangal and passed in O.S.No. 1242 of 2001 dated: 08-07-2004)Between:

Kolakotla Manohar, S/o. Yellaiah, Occ: Employee, R/o. 11-23-1383, L.B.Nagar, Warangal.

…..Petitioner

AND

Kommula Babu, S/o. Samson, Occ: Employee, R/o. 3-57/1, DharmaramVillage, Geesugonda Mandal, Warangal District.

……..Respondent

The petition coming on for hearing, upon perusing the petition andmemo of grounds filed herein and upon hearing the arguments of Mr. G.Dhananjai, Advocate for the Petitioner and the Court observed that the C.R.P.is filed under Article 227 of the Constitution of India aggrieved by the noticeserved on the petitioner in O.S. No. 1242 of 2001 on the file of the Court of theII Additional Junior Civil Judge, Warangal, stating that the suit in which thejudgment was pronounced on 14-06-2004 has been reopened under Section152 of the Code of Civil Procedure for amendment of the operative Portion ofthe judgment and decree “from decreeing the suit, to dismissal of the suit” anddirecting the plaintiff to appear before the Court on 03-08-2004.

When this matter came up for consideration on 02-08-2004, the matterwas adjourned to enable the petitioner to file the objections before the Courtbelow on 03-08-2004. Today, the learned counsel for the petitioner states thatthe plaintiff appeared before the Court and filed his objections on 13-08-2004which was duly recorded by the Court, however, on 26-08-2004 an order hasbeen passed stating that in spite of granting further time, the plaintiff failed tofile either his counter or his objections. It is also staed that the Court hasmodified the decree in exercise of powers under section 152 of C.P.Cobserving that a mistake had occurred in the docket order dated: 14-06-2004which was a clerical mistake arisen out of an accidental slip by theStenographer while typing the operative portion of the judgment and thesame is rectified and thereby the suit stood dismissed.

And whereas the Court observed that Prima facie, it appears that theprocedure followed by the Court below and amendment of judgment anddecree in exercise of the power under Section 152 of C.P.C is not inaccordance with law.

And whereas this court directed the Registry to call for the remarks ofthe officer together with the entire record relating to O.S. No. 1242 of 2001particularly with regard to the order dated: 26-08-2004.

Therefore you namely:

The II Additional Junior Civil Judge, Warangal, Warangal District.

are hereby directed to send the remarks to this Court together with the entirerecord relating to the O.S. No. 1242 of 2001 particularly with regard to theorder dated: 26-08-2004 on or before 17-09-2004 to which date the casestands posted; for ASSISTANT REGISTRAR

To

1. The II Additional Junior Civil Judge, Warangal, Warangal District.Copy to

2. The Section Officer, V.R. Section, High Court of A.P., Hyderabad.

3.The Section Officer, C.R.P. Section, High Court of A.P., Hyderabad.

4.One spare copy.

Ksv

HIGH COURT

RGJ

DATE: 03-09-2004

NOTE: POST ON 17-09-2004