RAJENDRAN NAIR Vs. KALIYANIKUTTY AMMA

JUDGEMENT

(1.) The Revision Petitioner is the legal representative of the original plaintiff who obtained a partition decree in O. S. No. 346/1967 of the Munsiff's Court, Chittoor.

(2.) The final decree was on 12-4-1975. There was appeal and second appeal and this court confirmed the decree on 1-2-1978. The original plaintiff died on 30-3-1979. In the meanwhile the records of the case were sent to the record section by virtue of the provisions contained in R.238 Civil Rules of Practice, since nobody produced the requisite stamp paper and there was no stamp paper.

(3.) The petitioner filed I. A. No. 1029/1983 on 21-6-1983 producing along with it the requisite value for stamp paper for engrossing the final decree. The court below dismissed that application observing "the entire proceedings in I. A. No. 390/1977 is seen to have come to an end before the death of the petitioner's father. I do not think that S.146 C. P. C. will be attracted in this case". I fail to understand what the learned Munsiff meant when he said "that the proceedings have come to an end before the death of petitioner's father."