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