REGENT COMPUTRONICS PVT. LTD.

Bhoganadham Seshaiah Appellant

V/S

Budhi Veerabhadrayya (Died) And Others Respondents

Referred Judgements :-

BHULJI BECHAR V. BAWAJL DAJI [REFERRED TO]
GOKUL KRISTO CHUNDER V AUKIL CHUNDER CHATTERJEE [REFERRED TO]
HIRA LAL SINGH V. RAMJIRAM [REFERRED TO]
NATHULAL V. KACHARLAL [REFERRED TO]
RAMU SAHU V. THAKUR DAYAL RAI [REFERRED TO]
VARADIAH V. RAJAKUMARA VENKATA PERUMAL [REFERRED TO]
MT. NONIBAI V. JETHANAND [REFERRED TO]
NARAYANAN V. KRISHNARU [REFERRED TO]
RAMA RAO V. VENKATRAMANACHAR [REFERRED TO]
UJAGAR SINGH V. KALIAN SINGH [REFERRED TO]
VEMURI PITCHAYYA V. RAJA YARLAGADDA ANKINEEDU [REFERRED TO]
ASAN KUTTI V. KOYAMAN KUTTI [REFERRED TO]
CHINNAMMAL V. CHIDAMBARA [REFERRED TO]
L J LEACH AND CO LIMITED VS. JARDINE SKINNER AND CO [REFERRED TO]
PIRGONDA HONGONDA PATIL VS. KALGONDA SHIDGONDA PATIL [REFERRED TO]
PENTAPATI CHINA VENKANNA VS. PENTAPATI BANGARARAJU [REFERRED TO]
A K GUPTA AND SONS LIMITED VS. DAMODAR VALLEY CORPORATION [REFERRED TO]
DOLAGOBINDA SAHU VS. CHAKRADHAR MOHAPATRA [REFERRED TO]
C T A CT NACHIAPPA CHETTIAR VS. M G RAMASWAMI PILLAI [REFERRED TO]
HANAMAPPA SHIDDAPPA VS. NINGAPPA RANGAPPA [REFERRED TO]
ALAPATI SYAMALADOSS VS. DORADLA SUBBAYYA [REFERRED TO]
JHORAMA VS. VISWASARAYI LATCHANNA DORA [REFERRED TO]
ADWAITA CHANDRA SAHA VS. CHITTAGONG CO LTD [REFERRED TO]
(BETHAPUDI) TANDAVAMURTI VS. (BETHAPUDI) DURGAMBA [REFERRED TO]
KUMARA VENKATA PERUMAL RAJAH BAHADUR VARU, MINOR RAJAH OFKARVETNAGAR, BY GUARDIAN MR W A VARADACHARIAR VS. VELAYUDA REDDI AND SARAVAPALLI SUBRAMANIA AIYAR [REFERRED TO]
B BANDHU SINGH VS. KTBANK LTD [REFERRED TO]
CHARAN DAS VS. AMIR KHAN [REFERRED TO]
BANK OF DACCA, LTD VS. GOUR GOPAL SAHA [REFERRED TO]
BANWARI LAL VS. MUNICIPAL BOARD OF CAWNPORE [REFERRED TO]
RAJA SRI SHIVA PRASAD SINGH VS. LALIT KISHORE MITRA [REFERRED TO]
SRI RAJA D.K. VENKATA LINGAMA NAYANIM BAHADUR VARU (SINCE DECEASED) AND ANR. VS. RAJAH INUGANTI RAJAGOPALA VENKATA NARASIMHA RAYANIM BAHADUR VARU AND ORS. [REFERRED TO]
IPPAGUNTA LAKSHMINARASINGA RAO VS. IPPAGUNTA BALASUBRAMANYAM AND ANR. [REFERRED TO]
ALLURI BANGAR RAJU AND ORS. VS. ALLURI RAJA KALIDINDI SURAIAHMMA BAHADUR AND ANR. [REFERRED TO]
BADRI NATH MEHRA VS. MOTI RAM MEHRA [REFERRED TO]

JUDGEMENT

(1.) This Letters Patent Appeal has come to us on a reference made by our learned brothers Narasimham and Parthasarathi, JJ. The learned Judges thought that the main issue and the only question involved in the appeal is "whether the amendment by including a new prayer, which was tantamount to a fresh execution petition, could be ordered after 12 years disregarding the provisions of Section 48 of the Civil Procedure Code." They noticed that conflict of views exists in the Judgments of Jhorama v. Latchanna Dora, A.I.R. 1940 Madras 19 and Venkata Lingama Nayanim v. R. Venkata Narasimha Rayanim, 1946-2 Mad LJ 383. They consequently felt that the point involved being one of sufficient importance and as the fate of the appeal depended in their view upon the answer to the said question, they referred the appeal for decision to the Full Bench.

(2.) The facts relevant for the purpose of appreciating the contentions raised before us lie in a narrow compass and are to a large extent (not ?) disputed. The respondent obtained a money decree in O.S. No.30 of 1949 on the file of the Subordinate Judge's Court, Nellore against the appellants, judgment-debtors on 30-10-1950.

(3.) The decree-holder filed E.P. No.160 of 1951 for execution of the said decree. By attachment and sale of a house property of the judgment-debtors, the decree-holder realised Rs. 2946-4-0. The E.P. was dismissed recording part satisfaction of the decree.

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BHOGANADHAM SESHAIAH Vs. BUDHI VEERABHADRAYYA (DIED) AND OTHERS

Referred Judgements :-

JUDGEMENT

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