BODDURU NAGARAJU Vs. GUDLA NARASIMHA MURTHY

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order, dated 5-1-2004 in I.A. No. 1217 of 2003 in O.S. No.2 of 1998 on the file of the Senior Civil Judge, Vizianagaram.

(2.) The brief facts that are necessary for the disposal of this revision petition are as follows: Originally, the respondent-plaintiff filed O.S. No.80 of 1993 on the file of the District Munsif's Court, Cheepurapalli for recovery of interest for the years 1990 to 1993 due under the mortgage deed. Thereafter, the respondent herein filed another O.S. No.90 of 1996 on the file of the Senior Civil Judge, Vizianagaram for recovery of the entire amount due under the same mortgage deed with subsequent interest from 1993 onwards. The cause of action in both the suits is one and the same. Thereafter, I.A. No.1217 of 2003 is filed under Order 2 Rule 2 of Civil Procedure Code seeking permission to institute further suit for recovery of the entire amount due under the mortgage with subsequent interest. The said petition was allowed. Challenging the same, this revision petition is filed.

(3.) Heard the learned counsel for both the parties and perused the material on record.