SUBBY REDDY SUBBAREDDY Vs. LEELAVATHY AMMAL

JUDGEMENT

(1.) As against the order rejecting the petition filed by the petitioner under Order 47, Rule 1, CPC to review the judgment delivered in O.S. No. 202 of 1988 on 6.2.1995, he has presented this revision before this Court.

(2.) Originally, the petitioner filed the suit in O.S. No. 202 of 1988 for declaration of title and for recovery of possession as against the defendants, the respondent herein. During the course of trial the trial court found that there is no jurisdiction to try the suit and, therefore, it dismissed the same on 12.3.1993. As against that judgment, the petitioner filed C.M.A. No. 24 of 1993 and by the order dated 21.3.1994 the appellate court set aside the judgment dismissing the suit and remanded the matter to consider the question afresh

(3.) On 5.4.1994 the counsel for the petitioner made an endorsement that he would not press the jurisdiction point. Therefore, on 3.10.1994 the trial was conducted afresh. After examining of the witnesses, on 6.2.1995 the trial court dismissed the suit. Instead of filing an appeal against the said dismissal, the petitioner on 24.4.1995 filed I.A. No. 882 of 1995 under Order 47, Rule 1, CPC to review the judgment on the ground that the jurisdiction point was not decided and that the entire appreciation of the evidence was under the misconception of law and facts. This was objected to by the defendants by filing a counter.