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1981 Supreme(AP) 222

K.A.SWAMI
Lakshmi Manohar Saraswathi – Appellant
Versus
Kantipudi Ramakrishna – Respondent


K. AMARESWARI, J.

( 1 ) THIS civil Revision Petition is directad against the order of the subordinate Judge, Tanuku in la. No. 1244 of 1980 In S. S. O. S. No. 35 of 1980 dismissing a petition for review of the earlier order of the court dated 15-11-80.

( 2 ) THE defendant is the petitioner. The plaintiff filed O. S. No. 35 of 1980 for recovery of a sum of Rs. 10. 710/- towards principal and Interest on the foot of a promissory note alleged to have been executed by the petitioner, invoking the summary jurisdiction under Order 37 of the Civil procedure Code. The petitioner applied for leave to defend, in l. A. No. 833 of 1980 under Order 37 Rule 3 sub-rule 5 of the Civil Procedure Code on the ground that there is a triable issue. She denied the execution of the promissory note and contended that the same was a forgery. By order dated 15-12-1980 leave was granted on condition the petitioner deposits half the suit costs within 15 days therefrom. No reasons were given for imposing terms. The petitioner thereupon filed I. A. No 1244 of 1980 to review the order dated 15-12-80 on the ground that the court has no jurisdiction to impose terms when there is a triable issue in the absence of a








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