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1979 Supreme(AP) 165

MADHUSUDHAN RAO
Kantheti Damodara Gupta – Appellant
Versus
Koppineni Venkateswara Rao – Respondent


MADHUSUDAN RAO, J.

( 1 ) THIS revision is directed against the order passed bv the learned subordinate Judge, Gudivada, in E. A. No. 206 of 1974 in O. S. No. 130 of 1951. The petitioner is one of the legal representatives of the third decreeholder who died pending an execution petition filed he was alive. The petitioner and others filed in the E. A. in the Court of the Subordinate judge, Gudivada who passed the decree, praying the Court to condone the delay in these approaching the Court and to bring them on record as the legal representatives of the deceased third decree-bolder to enable them to continue the execution proceedings. They first filed an application before the Subordinate Judge s Court, Machilipatnam, so which Court the decree was transfered for execution but they were directed to present the application in the Gudivada Court which originally passed the decree. The learned subordinate Judge, Gudivada dismised the application holding that there were no valid grovnds for condoning the inordinate delay of three months in filing the petition for being added as legal representatives.

( 2 ) ORDER XXII, Rules 12 C. PC. provides that nothing in rules 3,4 and 8 shall apply to p

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