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S.V.MARUTHI
H. E. H. the Nizam VIII of Hyderabad, Prince Mukarram Jah Bahadur, represented by Constituted General Power of Attorney, Sri Mohd. Asadullah Khan – Appellant
Versus
Banque Indosuez Bank, Geneva, Switzerland, rep. by Special Power of Attorney Sri Gupta – Respondent


ORDER :

1. This revision is directed against the order of the learned IV Additional Judge, City Civil Court, Hyderabad, in I.A. No. 1526 of 1993 in I.A. No. 2453 of 1992 in O.S. No. 1754 of 1989.

2. Defendant is the petitioner herein. The respondent filed a suit O.S. No. 1754 of 1989 for recovery of principal loan amount of Rs. 9,82,05,600/- and interest of Rs. 24,55,140/- stated to be due from the Nizam at the relevant time. The suit amount represented the conversion value of 10,455,000 Swiss France claimed to have been lent to the Nizam - petitioner herein. The suit was filed under Order XXXVII of the Code of Civil Procedure. The summons of the original suit were served in the office of the General Power-of-Attorney on 7-10-89 M/s I.V.S. Rao a???d N.P. Rao, Advocates, filed appearance on 16-10-1989. On the vakalat, address for service of summons was mentioned as that of the counsel. However, the summons were served on a clerk in the Office of the General Power-of-Attorney on 20-11-1989. Since the vakalat was already executed in favour of the two advocates above, the clerk in the Office of the General Power-of-Attorney thought that appropriate action would be taken by the advocate

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