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1956 Supreme(AP) 134

K.SUBBA RAO
JAKKAMPATI RANGAIAH – Appellant
Versus
KUNALA PEDDIREDDI – Respondent


K. SUBBA RAO, J.

( 1 ) THIS is a revision against the order of the learned District Judge, cuddapah, allowing the appeal filed against the order of t he District Munsif, nandalur, in I. A. No. 752 of 1951.

( 2 ) THE facts that gave rise to the revision may be briefly stated. The petitioner filed a suit on a mortgage and obtained a preliminary decree for foreclosure on 31-1-1951. Under the decree, the amount payable was ascertained to be a sum of Rs. 1321-3-0 and the respondent was directed to pay that amount on or before 31-7-1951. The respondent did not pay the money within the prescribed time but applied for extension of time and time was extended till 29-11-1951. Even within the extended time, he did not pay the amount but applied for further extension. The learned District Munsif refused to extend the time and made a final decree for foreclosure. The respondent preferred an appeal against the order of the learned District munsif refusing to give further time but he did not prefer any appeal against the final decree. Before the learned Judge, a preliminary objection was raised to the effect that no appeal lay against an order refusing to extend time as the said order had become m





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