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Tuesday, October 22, 2013

Payment of DCF on several adjournments due to slackness of lower court advocate - party should not be punished - opportunity given to pay DCF == PETITIONER RESPONDENT V JAYANATHI VS G GURRAMMA = hc.ap.nic.in/csis/MainInfo=CRP&mno=2201&year=2013

Payment of DCF on several adjournments due to slackness of lower court advocate - party should not be punished - opportunity given to pay DCF =
there appears to be slackness on the part of the counsel before the Court below and that the petitioner may not be allowed to suffer on account of such slackness.
Considering the fact that the suit is filed for recovery of money and taking a lenient view, I am inclined to provide one chance to the petitioner for payment of deficit court fees and comply with other defects.
Accordingly, I.A.No.71 of 2013 in the unnumbered suit on the file of the learned Principal Senior Civil Judge, Kurnool, is allowed. The petitioner is permitted to pay the deficit court fee and comply with all the defects within a period of four weeks from today, failing which, I.A.No.71 of 2013 will stand dismissed.
Subject to the above conditions, the Civil Revision Petition is allowed.
As a sequel to disposal of the Civil Revision Petition, the C.R..P.M.Ps, if any, pending are disposed of as infructuous.

CRP 2201 / 2013

CRPSR 9979 / 2013

PETITIONERRESPONDENT
V JAYANATHI  VSG GURRAMMA
PET.ADV. : SRAVAN KUMARRESP.ADV. : 
SUBJECT: C.P.C.DISTRICT:  KURNOOL

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

CIVIL REVISION PETITION No.2201 of 2013

Date:06.06.2013

Between:

V.Jayanthi, W/o Late Prakasham

..... Petitioner

And

G.Gurramma, W/o Late Pullaiah

.....Respondent

Counsel for the Petitioner:  Sri G.Sravan Kumar

 

Counsel for the Respondent:  ---


The Court made the following:
ORDER:
This Civil Revision Petition arises out of order, dated 13.02.2013, in I.A.No.71 of 2013 in unnumbered suit on the file of the learned Principal Senior Civil Judge, Kurnool.
The petitioner filed the above-mentioned suit for recovery of money on the foot of a promissory note. As the petitioner has filed the said suit by affixing only Rs.2/- court fees with many defects, she has filed an application under Section 149 C.P.C. to permit her to file the plaint along with the deficit court fees. The said application was allowed. The petitioner has filed I.A.No.71 of 2013 under Section 148 C.P.C for extension of time by 30 days for complying with the order passed on the earlier occasion. When the said application was taken up for hearing on 28.01.2013, there was no representation for the petitioner. The case was accordingly adjourned to 01.02.2013. As the counsel was not present even on that date, it was adjourned to 08.02.2013 and also to 13.02.2013. As there was no representation for the petitioner on any one of those dates, including on 13.02.2013, the Court below has dismissed the said application. Feeling aggrieved by the said order, the petitioner filed this Civil Revision Petition.
On the facts of this case as noted above, the Court below has every justification to dismiss the application. Learned counsel for the petitioner submitted that there appears to be slackness on the part of the counsel before the Court below and that the petitioner may not be allowed to suffer on account of such slackness.
Considering the fact that the suit is filed for recovery of money and taking a lenient view, I am inclined to provide one chance to the petitioner for payment of deficit court fees and comply with other defects.
Accordingly, I.A.No.71 of 2013 in the unnumbered suit on the file of the learned Principal Senior Civil Judge, Kurnool, is allowed. The petitioner is permitted to pay the deficit court fee and comply with all the defects within a period of four weeks from today, failing which, I.A.No.71 of 2013 will stand dismissed.
Subject to the above conditions, the Civil Revision Petition is allowed.
As a sequel to disposal of the Civil Revision Petition, the C.R..P.M.Ps, if any, pending are disposed of as infructuous.

__________________________
                                                JUSTICE C.V.NAGARJUNA REDDY
06th June 2013
DR

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