ALAPATI SURYANARAYAN Vs. PUVVADA PULLAYYA AND ANOTHER

JUDGEMENT

(1.) This appeal arises out of an order of the First Additional Subordinate Judge Vijayawada in E.A.No. 1238 of 1964 in E.A.No 1708 of 1962 in O S.No. 181 of 1953 directing the appellant-petitioner to furnish security to the extent of the decree amount and also pay costs of Rs. 20/-to the other side. Two weeks time was granted for compliance of the order and as the appellant failed to comply with one of the terms viz., furnishing security to the extent of decree amount, the application was dismissed by the learned Subordinate Judge.

(2.) The present miscellaneous appeal is not filed against the order rejecting the Application for failure to comply with the terms of the order; but is filed against the order directing the petitioner to furnish security and also pay cost to the other side.

(3.) Mr. Y.G. Krishnamurthi the learned counsel appearing for the respondent has taken a preliminary objection that as the order under appeal was not a final order no appeal lies against this order. It is true as contended by Mr. Krishna Murthy, that the appellant has not preferred any appeal against the order dismissing his application E.A 1238 of 1964 and has chosen to prefer an appeal only against the earlier order imposing certain terms for restoring the application E A. 1708 of 1962. That application was filed by the appellant under Section 47 Order 21, Rule (2) and Section 151 C.P.C., for recording full satisfaction of the decree. As the petitioner was absent, that petition was dismissed and hence, application E A. No. 1238 of 1964 was filed under Order 21, Rule 105(2) C. P. C., for restoration of the application.