SEETARAM SWAMY Vs. ADDADA SATYANARAYANA

JUDGEMENT

(1.) THE second party in the Court below has preferred this revision against the order dated 18 -10 -73 passed by a Magistrate, First Class (Executive) at Rayagada in a proceeding under Section 145, Criminal Procedure Code, 1898.

(2.) THE impugned order is as follows :

(3.) ON a perusal of the copy of the plaint in Money Suit No. 8/70 and the judgements in Money Suit No. 8/70 and Money Appeal No. 6/71 shown to me by Mr. Y.S.N. Murty the correctness of which was not challenged by Mr. C.V. Murty, the learned counsel for the opposite party, I am constrained to mention that the learned Magistrate has not taken care to carefully peruse the said two judgements. He has not bestowed care to know the full scope, ambit and purview of the matter under contest in that civil suit. Without perusing the judgements with due care and attention, the Court below was not justified in arriving at the finding, by one stroke of pen, that 'the Civil Court has held that the first party was a tenant of the disputed plot'.