SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1984 Supreme(AP) 21

Andhra Pradesh High Court
UPENDRALAL WAGHRAY
Emani Venkata Subba Rao - Appellant
Versus
Kanikicharla Nagabhushanam - Respondent
Decided On : 01/17/1984

Advocates:
M.R.K. Choudary, (Amicus Curiaer) for Petitioner; K. Harinath, for Respondent.

The proper remedy for challenging a judgment is to prefer an appeal, rather than seeking to amend the judgment through S.151 or 152 C. P. C.

Headnote:

Revision - Amendment of Judgment - The court dismissed the petition seeking to revise the order of the Subordinate Judge, as the petitioner's complaint about the judgment dismissing the suit was not a ground for invoking the provisions of S.151 or 152 C. P. C. The proper remedy for the petitioner was to prefer an appeal against the judgment.

Fact of the Case:

The petitioner filed a suit for recovery of various amounts, which was dismissed with costs. The petitioner then filed applications to amend the judgment and decree, claiming that the judgment was erroneous.

Finding of the Court:

The court found that the judgment dismissing the suit was not a ground for invoking the provisions of S.151 or 152 C. P. C. The proper remedy for the petitioner was to prefer an appeal against the judgment. The Civil Revision Petition was dismissed.

Issues: The issues revolved around the petitioner's complaint about the judgment dismissing the suit and the applicability of S.151, 152, and 153 C. P. C. for amending the judgment and decree.

Ratio Decidendi: The court held that the petitioner's complaint about the judgment dismissing the suit was not a valid ground for invoking the provisions of S.151 or 152 C. P. C. The proper remedy for the petitioner was to prefer an appeal against the judgment.

Final Decision: The Civil Revision Petition was dismissed, and no order was made as to costs.

Judgement

ORDER :- This petition under S.115 C. P. C. has been filed to revise the order of the Subordinate Judge, Bapatla, in I. A. Nos. 217 and 641 of 1980 in O.S. No. 23 of 1976. The petitioner has filed this revision as it party-in-person and when the matter came up for hearing in the morning, I had requested the learned Counsel. Sri M.R.K. Choudary to act as amicus curiaer in this matter and adjourned the matter to after lunch to enable him to go through the records. The matter was taken up after lunch and Mr. Choudary has presented the case on behalf of the petitioner. I have also heard the learned Counsel for the respondent.

2. The petitioner filed the suit, O. S. No. 23 of 1976 on the file of the Subordinate Judge's Court. Bapatla against the sole defendant for recovery of various amounts. The said suit was dismissed with costs by the judgment and decree dated 28-4-1979. It appears that the defendant has filed E. P. No. 144 of 1979 on the file of the Subordinate Judge's Court, Tenali for the recovery of costs awarded to him from the petitioner plaintiff, though it is not clear from the records, probably after the decree was transferred to that Court for execution. The present applications have been filed by the petitioner under Ss.151, 152 and 153 C P. C. to amend the judgment and decree. The grounds of revision as well as the contentions in the petition are made in a very involved manner. It is for this reason that I have requested Mr. Choudary to act as amicus curiae. In the said applications, the complaint of the petitioner is that the judgment dismissing the suit was patently erroneous. It may be that the judgment was erroneous or even wrong; but I am afraid that it cannot be a ground for invoking the provisions of S.151 or 152 C. P. C. Section 153 apparently has no application for amendment of the judgment and decree in the suit, but applies only to proceedings in the suit. The conclusion of the trial Court that no relief can be given to the petitioner in the present petitions under Ss.151 and 152 cannot be said to be wrong. It may be that the

petitioner reasonably believes that injustice was done to him by a wrong judgment in the suit; but the proper remedy was to prefer an appeal against the said judgment. The present petitions therefore cannot secure any relief to the petitioner. The decision reported in Samarendra v Krishna Kumar, AIR 1967 SC 1440 cannot help the petitioner in this case. So far as his complaint against the E. P. is concerned, he will have to take appropriate action before the Subordinate Judge's Court, Tenali if he has got any grievance.

3. As a result of the above discussion, the Civil Revision Petition is dismissed. But in the circumstances, I make no order as to costs.

4. I am thankful to Sri M.R.K. Choudary for having appeared as amicus curiae in this case.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top