SEEMAKURTY ACHYUTAM Vs. SEEMAKURTI KASI ANNAPURNAMMA AND OTHERS

JUDGEMENT

(1.) The question that arises for consideration is as to whether an appeal lies under Clause 15, Letters Patent against the judgment of Jaganmohan Reddy, J. in C. M. P. No. 7781 of 1961. The appellant herein filed C. M. P. No. 7781 of 1961 to excuse the delay in filing an application under Order 47, Rule 1, Civil Procedure Code to review the judgment and decree of Subba Rao C. J. and Jaganmohan Reddy, J. in Appeal No. 182 of 1953. The learned Judge held that there were no sufficient reasons to excuse the delay in filing the review application and consequently dismissed the application. As against this judgment of Jaganmohan Reddy, J., the Letters Patent Appeal is filed to this Court.

(2.) Two objections were taken by the office as to the maintainability of the appeal. The first objection was that under the provisions of Order 47, Rule 7, Civil Procedure Code the order of the Court rejecting the review application is not appealable. The second objection was that as the order was passed by Jaganmohan Reddy, J. under Order 47 Rule 5, Civil Procedure Code on behalf of the Bench of which he was a member, the order is not open to appeal. Having carefully heard the arguments of Sri Kesava Rao on behalf of the appellant and Sri T. Veerabhadrayya on behalf of the respondents, we are quite clear that the second objection should prevail.

(3.) Order 47 R. 5, Civil Procedure Code runs as follows: