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1960 Supreme(AP) 186

MANOHAR PERSHAD, SHARFUDDIN AHMED
Bollaram George – Appellant
Versus
Kadpak Lingiah – Respondent


PERSHAD, J.

( 1 ) THIS is a petition for revision of an order passed by the Subordinate Judge of Warangal holding that the objection petition dated 5-7-1955 was time barred and passing a decree in favour of the plaintiff in terms of the award. The award in question was received in Court on 7-6-1965 from the Collector. On 4-1-1955, the respondent herein who was the plaintiff in the lower court filed a suit for enforcement of the award along with unsigned copies of the award and the agreement. In para 5 of the plaint, he stated that the original award was filed before the Collector for stamping the same as required by law as it was written on a stamp paper of Rs. 5. 00 and that the original agreement was in possession of the Umpire Sri Matrasi Jagannatham and that the same may be summoned from them, On 6-1-1955, the Presiding Judge passed the following order : "take on Register No.

( 2 ) ISSUE notice to the respondent at the cost of the petitioner. Send also for the original documents us required in the petition". It appears that before any notice could be issued as directed by the Presiding Judge, the petitioner herein filed a petition on 5-1-1955 to the effect that he had come to k











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