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BATTU DEVANAND
Surabattula Venkata Ramarao Ramliabu – Appellant
Versus
Surabattula Sanjeeva Rao Died – Respondent
ORDER
This Civil Revision Petition is filed against the Docket Order dated 28.02.2022 in O.S.No.42 of 2014 on the file of the I Additional District Judge, Vizianagaram District.
2. Heard learned Counsel for the Petitioner and perused the material available on record.
3. The Petitioner is the Plaintiff and the respondents are the Defendants in O.S.No.42 of 2014 on the file of the I Additional District Judge, Vizianagaram.
4. The case of the petitioner is that he filed a suit in O.S.No.42 of 2014 before I Additional District Judge, Vizianagaram, for partition of plaint schedule property. When the matter is at the stage of the cross examination of PW.1, he filed Memo dated 06.08.2018 stating that the matter was settled out of the Court before the elders of both parties on certain terms and conditions and sought permission of the trial Court to not-press the suit. Accordingly, the trial Court, by Order dated 06.08.2018, dismissed the said suit as not-pressed. Thereafter, the respondents did not execute the Statement of Understanding entered into between both the parties, the petitioner filed an application to restore the suit on its file, but the trial Court by Order dated 28.02.2022 retur
The court has inherent power under Section 151 of CPC to recall an order dismissing a suit as not-pressed and restore the suit on its file, especially when the dismissal was based on a settlement agr....
If a formal defect can be rectified by way of amendment, there is no necessity to seek withdrawal of suit.
Liberty to file a petition under Order I Rule 10 CPC seeking amendment of plaint. No irregularity or illegality, in impugned order warranting interference of this Court in exercise of jurisdiction un....
The court affirmed that unless a restraint order is in place, a trial Court can entertain applications for passing a final decree even if an appeal or review is pending.
A party cannot be denied the opportunity to defend their case in a partition suit post ex parte decree, provided prior orders allowing restoration have not been challenged.
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