VARDHINEEDI NARASIMHA RAO Vs. GADIRAJU BAPIRAJU

JUDGEMENT

(1.) This Petition is filed for reviewing order, dated 24.04.2012, in Civil Revision Petition No. 870 of 2012.

(2.) The brief facts leading to the filing of' this Petition are stated hereunder.

(3.) The petitioner is the decree-holder in O.S. No. 14 of 2003 on the file of the learned Senior Civil Judge, Kothapeta, East Godavari District. He has filed E.P. No. 1 of 2010 seeking execution of the decree. By order, dated 30.01.2012, the learned Senior Civil Judge dismissed the E.P. on the ground that the petitioner has deposited the stamps beyond the time stipulated under Rule 85 of Order XXI of the Code of Civil Procedure, 1908 (CPC). The petitioner therefore filed CRP. No. 870 of 2012. By order, dated 24.04.2012, this Court allowed the revision petition based on the judgment in Bathula Lakshmi Rajeswara Rao v. Thotakura Subba Rao and another C.R.P. No. 1491 of 2000, on the premise that by an amendment brought out to Rule 85 of Order XXI CPC, the deposit of stamps as required under Rule 94 was taken out of the purview of Rule 85 of Order XXI CPC. The respondent/judgment-debtor filed a Special Leave Petition (SLP) against the said order before the Supreme Court. By order, dated 24.09.2012, the Supreme Court, after taking note of the plea of the respondent that no amendment was made to Rule 85 of Order XXI CPC, permitted him to withdraw the SLP and approach this Court by way of a review petition. Accordingly, the respondent filed the present review petition with a delay of 172 days in filing the same.