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ANDHRA PRADESH HIGH COURT
K. Punnayya, J.
Chigurupalli Suryanarayana v. Amadalavalasa Co-operative Agricultural Industrial Society Ltd
| Table of Content |
|---|
| 1. facts of revision petition and order by lower court. (Para 1 , 3 , 4) |
| 2. legal arguments regarding deposit requirements. (Para 2 , 5 , 6) |
| 3. court's findings on compliance with deposit rules. (Para 7 , 8 , 9) |
| 4. error in assessing sufficiency of cause established. (Para 10) |
| 5. conclusion to allow the revision petition. (Para 11) |
1. This revision petition is directed against the order passed by the Additional Subordinate Judge, Srikakulam in I. A. No. 52/73 in S. C. 31/73.
2. Two questions of law require consideration in this revision petition. They are: (1) Whether it is necessary under the proviso to S.17 (1) of the Provincial Small Cause Courts Act (hereinafter called 'the Act') that deposit of decretal amount should be made along with the application presented for setting aside the ex parte decree; and (2) whether it is not necessary for the court to give a finding on the question of sufficiency of cause for setting aside the ex parte decree under S.17 (1) of the Act.
3. The learned Additional Subordinate Judge passed ex parte decree on 8-10-1973 against the respondent herein. The respondents filed I. A. No. 52 of 1973 for setting aside the ex parte decree on 16-10
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