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1926 Supreme(Mad) 542

ODGERS
Vemareddi Ramaraghavareddi – Appellant
Versus
Raja Of Venkatagiri – Respondent


JUDGMENT

Odgers, J.

1. This is an appeal against an order of the Subordinate Judge of Nellore wherein he allowed a review of a previous order of his own and restored an execution petition which he had dismissed on the 1st March 1926. The application to restore was made under Section 151, Order 9, Rule 9 or Order 47, Rule 1, Civil Procedure Code. It is admitted that Order 9, Rule 9 does not apply and it is but faintly contended that Order 47, Rule 1, applies in view of the decision of the Privy Council in Chajju Ram v. Neki A. I. R. 1922 P. C. 112 as to the meaning of the words "or for any other sufficient reason" which occur in the rule. In that case their Lordships laid down that the words "any other sufficient reason" mean a reason sufficient on grounds at least analogous to those specified previously. In the present case, the dismissal on 1st March 1926 was for default of appearance of the petitioner or his vakil. There is no doubt to my mind that Order 47, Rule 1, can have no application to the present case. The petitioner is thrown back on Section 151 and he argues that as there is no provision in the Code other than Order 21, Rule 57 with regard to dismissals of execution appli













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