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1926 Supreme(Mad) 89

WALLACE
Kolisetti Basavayya – Appellant
Versus
Mittapalli Venkatappayya And – Respondent


JUDGMENT

Wallace, J.

1. This Civil Revision Petition is against the decision of the Additional District Munsif, Guntur, declining to grant a review of an order by his predecessor excusing delay in re-presentation of a plaint. The facts were as follows: A plaint was presented on 20th April, 1923, with a one rupee stamp, the proper stamp being Rs. 142. It was returned on 4th June, 1923, for two reasons, (1) to pay deficient Court-fee, and (2) to compare the copy of accounts. Seven days time was given. On 16th June, 1923, a further extension of time of 10 days was given. The plaint was not re-presented until 4th March, 1924. On that date a petition was put in by the plaintiff under Section 151, Civil Procedure Code, with an affidavit by the pleaders clerk stating that the plaint had been mislaid and asking that the delay in re-presentation be excused. The deficient Court-fee was put in and paid on the same day. On 5th March, 1924, the District Munsif, without giving notice to the other side made an order on that petition "excused". On 20th August, 1925, the present District Munsif was asked under Order 47, Rule 1, Civil Procedure Code, by the defendant to review that order and he has de






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