S. Surendra Rao vs Sirasati Chengal Rao (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 1421

SUBBA REDDY SATTI
S. Surendra Rao – Appellant
Versus
Sirasati Chengal Rao (Died) – Respondent

Advocates appeared:
Sri Muni Reddy Bala Prasad, for the Petitioner; Smt P.Saraswathi, Sri Suresh Kumar Reddy Kalava, for the Respondent.

ORDER

1. Plaintiff in suit filed the present revision against the order dated 22.12.2022 in I.A.No.1861 of 2022 in O.S.No.204 of 1999 on the file of the Principal Junior Civil Judge, Piler.

2. Plaintiff filed suit O.S.No.204 of 1999 originally against defendant No.1 seeking specific performance of agreement of sale dated 05.10.1998. Later, plaintiff impleaded defendant No.2. Pending the suit, plaintiff filed I.A.No.1861 of 2022 under order VII Rule 14 (3) and Section 151 of Code of Civil Procedure (for short CPC), 1956 to condone the delay in filing the document i.e. compromise petition between plaintiff and defendant No.1.

3. In the affidavit filed in support of the petition it was contended that pending the suit, plaintiff and defendant No.1 entered a compromise on 30.01.2002 and filed a memo of terms of compromise before the Court. The said compromise was signed by defendant No.1 along with the counsel and attested by three witnesses. Since the defendant No.2 filed petition seeking impleadment, compromise was not recorded. The said document is relevant and the same was traced out recently and filed the application to receive the document by condoning the delay.

4. Respondent Nos.3 t

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