KODANDARAMASWAMI DEVASTHANAM BUCHIREDDIPALEM Vs. D SESHAYYA

JUDGEMENT

(1.) These matters have been directed to be posted before a Bench by our learned brother Umamaheswaram, J. U.S.R. No. 2829 of 1955 relates to unstamped memoranda of appearance in the place of the usual vakalats filed by the learned advocate for the respondents in a batch of Civil Revision Petitions. U.S.R. No. 7274 of 1955 is concerned with a similar unstamped memorandum of appearance filed by the advocate concerned in a second appeal presented to this Court.

(2.) The office returned the papers in both the cases objecting that fresh appellate side vakalats duly stamped should be filed and that the memoranda of appearance would not suffice. In each case, the learned advocates contended that as they had filed vakalats in the proceedings in the lower Court out of which the Civil Revision Petitions and the second appeal arose, the vakalats so filed would enure for all further proceedings, revisions or appeals arising out of them, under Order 3, rule 4, sub-rules (2) and (3) of the Code of Civil Procedure. As the office was not satisfied with that contention, the matter was posted in the first instance before our learned brother for orders.

(3.) It is to be observed at the outset that the procedure in this High Court on its appellate side is governed by " the Rules of the High Court, Madras, Appellate Side " by virtue of section 32 of the Andhra State Act, to which a more detailed reference will be made later. Rule 21 of these rules, so far as it is material, is as follows: