T VENKATA KRISHNAMACHARYULU Vs. P KISHORE REDDY

JUDGEMENT

(1.) The petitioner herein is 2nd respondent in C.R.P.No. 779/1992 and he is seeking recall of the order dated 13-4-1993 by way of review under Sec. 151 of Code of Civil Procedure read with Order IX Rule 13 of Code of Civil Procedure and to dismiss the revision petition.

(2.) The facts in brief are that in a reference under Section 30 of the Land Acquisition Act for determination of the shares and apportionment of the amount of compensation payable to the concerned persons in L.A.O.P. No.108/1990, the respondent herein filed a cheque petition along with a copy of the order of the High Court in C.R.P.No. 779/1992 dated 13-4-1993 which showed that the CRP was filed against an order dated 31-12-1991 in an unregistered I.A., in L.A.O.P.No. 108/1990 on the file of the Principal Subordinate Court, Tirupati. No notice was given to the other side and the above I.A., was disposed of by a brief order which is reproduced below:

(3.) The learned Counsel for the petitioner Mr. A. Rangacharyulu contended that the above order was obtained by paying fraud upon the Court inasmuch as notice was sent to Mr. M. Mohan Raj, Advocate, Tirupati, who is not concerned with the case and hence this Court has power to review the order dated 13-4-1993 and to dispose of the revision petition afresh. He relied on a Division Bench judgment of this Court in P. Satyanarayana vs. Land Reforms Tribunal and another Judgment of the Supreme Court in Ram Chand and Sons Sugar Mills vs. Kanhayalal.