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1999 Supreme(AP) 278

B.S.RAIKOTE
Karumilli Bharathi – Appellant
Versus
Prichikala Venkatachalam – Respondent


B. S. RAIKOTE, J.

( 1 ) CRP No. 3871 of 1998 was filed by the defendant challenging the order dated 2-7-1998 passed by the senior Civil Judge, Tadipalligudem in IA No. 486 of 1998 in OS No. 73 of 1997. IA No. 476 of 1998 was filed under Section 5 of the Limitation Act to condone the delay of 176/ 197 days in filing the petition to set aside the decree passed in a summary suit under Order 37 of CPC. The trial Court dismissed it. The Civil Revision Petition filed by the defendant was allowed by me condoning the delay on a costs of Rs. 1,000. 00 vide my judgment dated 19-11-1998. The respondent-plaintiff has filed the present review petition seeking review of the order dated 19-11-1998 passed in CRP No. 3875/1998.

( 2 ) LEARNED Counsel appearing for the petitioner strenuously contended that this Court has condoned the delay but without repelling the reasons given by the Court below in not accepting the cause sought to be made out by the defendant. Therefore, he submitted that there is an error apparent on the face of the record inasmuch as this Court has not given the reasons as to how the defendant has made out sufficient cause for condonation of delay in filing the petition to set as
















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