SUPRIYA COLD STORAGE Vs. K SAMBASIVA RAO

JUDGEMENT

(1.) HEARD the Counsel.

(2.) AGGRIEVED by the order made in I. A. No. 1/2006 in O. S. No. 21/2003 on the file of Ill-Additional Senior Civil Judge, Warangal, the C. R. P. is filed by the petitioner - plaintiff. The relief prayed for in the said I. A. , filed under Order XVI Rules 1 and 5 read with Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, is as hereunder : For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon'ble Court may be pleased to issue summons to Manager ING Vysya Bank, Hanamkonda Branch directing him to produce vouchers under to which loan amount of the defendants vide loan A/c No. 26/pc and another is repaid, by reopening the evidence of plaintiff. It is needless to say that 3 reliefs had been prayed for in the said, same application. Rule 55 of the A. P. Civil Rules of Practice and Circular Orders, 1980 dealing with Separate Application for each distinct prayer reads as hereunder : There shall be separate application in respect of each distinct relief prayed for. When several reliefs are combined in one application, the Court may direct the applicant to confine the application only to one of such reliefs unless the reliefs are consequential and to file a separate application in respect of each of the others. Apart from this aspect of the matter, it appears that the matter was posted for arguments and at that stage this application had been filed. In the light of the reasons which had been recorded at Paras 8, 9 and 10 of the impugned order and also in the light of Rule 55 of the A. P. Civil Rules of Practice and Circular Orders, 1980 referred to supra, the impugned order cannot be found fault. However, inasmuch as the learned Judge also observed that the application is not maintainable as per Rule 55 of the A. P. Civil Rules of Practice and Circular Orders, 1980 aforesaid, the impugned order cannot be found fault and accordingly the C. R. P. , shall stand dismissed at the stage of admission itself giving liberty to the petitioner to move appropriate applications if he is so advised. No costs.