TANKALA APPALASWAMY GARI SAMBA MURTHY Vs. GOPASUNDARA SABATHO

JUDGEMENT

(1.) This is a petition to revise the order of the District Munsif, Sompeta in E. A. No. 578 of 1958 in E. P. No. 303 of 1958 in O. S. No. 41 of 1946 on his file.

(2.) The relevant facts are briefly these:- The petitioner is the decree-holder. He was the plaintiff in O. S. No. 41 of 1946. He filed E. P. No. 303 of 1958 in execution of the decree in O. S. No. 41 of 1946. On 7-11-1958, the E. P was dismissed on the ground that batta was not paid. On that day, more than twelve years had elapsed from the date of the passing of the decree in O. S. No. 41 of 1946. The decree-holder filed E. A. No. 578 of 1958 praying for restoration of the E. P. alleging that the batta could not be paid due to over-sight on the part of the clerk of the pleader appearing for him (plaintiff) and that he would be put to irreparable loss if the E. P. was not restored. The learned District Munsiff framed one point for determination as follows: "Whether the execution petition can be restored, which was dismissed for default?" He found that there are no grounds to restore the E. P. and dismissed the E. A. Thereupon, the plaintift-decree-holder has filed this revision.

(3.) Rules 104 and 105 (1) of Order 21 Civil Procedure Code run as follows: -