ORDER :- (Ramaswami, J. of the Madras High Court.) This appeal raises a point of importance daily arising in our Courts in the mofussil.

2. The facts are : Mr. P. Viswanatha Rao, Pleader of the Markapur Bar, filed E. P. No. 15 of 1950 in O. S. No. 464 of 1935. It is common ground that this E. P. by itself is in proper form and has also been signed by the party as well as by the pleader. It has been presented by Mr. P. Visvanatha Rao and it is undisputed that at the time when he filed the E. P. he had no vakalat. In fact he has subsequently attempted to rectify this error by getting a vakalat from his client and filing it. The opponent naturally pointed out that this petition had no legal effect not having been made in accordance with law and is a nullity and relied upon the Bench decision of this Court in Nandamani Ananga Bhima Deo v. Madana Mohana Deo, ILR (1937) Mad 320 : (AIR 1937 Mad 239) (A). The learned District Munsiff upheld the plea of the respondent and dismissed the E. P. There was an appeal therefrom to the learned District Judge of Kurnool and he set aside the order of dismissal and remanded the petition for fresh disposal in the light of the following observations :

"Th

Click Here to Read the rest of this document