KAMAL SILK MILLS Vs. KUNCHAM MOHANA RAO

JUDGEMENT

(1.) Heard Sri. V.S.R. Anjaneyulu, learned Counsel for the petitioner and Sri M.V.S. Suresh Kumar, learned Counsel for the respondent.

(2.) This Civil Revision Petition is directedagainst the order dated 24-7-2000, passed by the learned Junior Civil Judge, Sathupally, in E-P.No. 62 of 1993 in O.S.No. 1337 of 1988.

(3.) On 30-10-1992, a decree was passed bythe I Additional District Munsif at Vijayawada in O.S.No. 1337 of 1988. Pursuant thereto, a sale notice was issued to the respondent-judgment-debtor on 19-6-1997. The respondent filed counter contending that he paid the E.P. amount on 1-1-1993 and the alleged General Power of Attorney, which was not filed into Court, is not valid, and having regard to the provisions of Rule 32 of the Civil Rules of Practice, the E.P. is liable to be dismissed. The petitioner-decreeholder during the course of enquiry filed certified copies of the power of attorney in O.S.No. 1335 of 1988 and the judgment in O.S.No. 1337 of 1988 on the file of the I Additional District Munsif, Vijayawada. The respondent opposed receiving of the said documents on the ground that no permission was granted under Rule 32 of the Civil Rules of Practice by the original Court permitting Sri T. Mohan Rao to act as General Power of Attorney on behalf of the plaintiff.