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1925 Supreme(Mad) 251

ODGERS
Kommareddi Ramachandrayya And – Appellant
Versus
Vodury Venkataratnam – Respondent


JUDGMENT

Odgers, J.

1. In this case, a certain suit O.S. No. 704 of 1923 was filed in the Court of the Principal District Munsif of Ellore for the recovery of certain" properties. It was alleged that the suit had been undervalued and the District Munsif held a preliminary enquiry into the valuation of the items of property involved and came to the conclusion that the market value was over Rs. 5,000. The plaint was ordered to be returned to the plaintiff who was given 7 days time for presentation to the proper Court. This order was made on the 31st March, 1924. On the 1st April, 1924, the plaintiff presented a petition asking for 15 days time for filing the additional stamp for the plaint. No. notice of this application was given to the defendants and on the 2nd April, the Principal District Munsif purported to review his decision of the 31st March and granted the prayer in the petition of the 1st April, giving the petitioner 7 days time in which to pay the additional Court-fee, I am of opinion that, as regards C.R.P. No. 500 of 1924, the learned District Munsif was clearly not entitled to review his order at least without notice to the other side. Therefore, C.R.P. No. 500 must be al





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