SUDARSANA SUNDARI NARASIMMA Vs. JUDHISTHI PADHI

JUDGEMENT

(1.) THIS is a petition under Code, brought by the widow of the original circumstances:

(2.) THE point that will determine the fate of the present Civil Revision is a simple one, that is whether the order passed by the learned Munsif on 7.4.54 is a regular judgment and decree within the meaning of Order XVII, Rule S or that the case really comes under the provisions of Order XVII, Rule 2 where indeed the provisions of Order IX would apply. Before proceeding further it is better to quote Order XVII, Rule 3 which runs as follows:

(3.) THE Civil Revision therefore, is dismissed but there will be no order as to costs. As it is a hard case, the parties are to bear their own costs throughout in the proceedings under Order IX, Rule 9, Code of Civil Procedure. Revision dismissed.