TANGUTURI SRIRAMULU AND RAO BAHADUR K VIRESALINGAM GARU Vs. NYAPATHI SUBBA RAO PANTHULU GARU AND PEDDALA SUNDRASIVA RAO GARU

JUDGEMENT

(1.) By consent the second appeal is dismissed with costs.

(2.) An order was made dispensing with the filing of the judgment of the lower Court. There is, therefore, no question of limitation. Appellant is not entitled to read an affidavit of which he did not give notice to the other side; the question of non-appearance of the Vakil cannot, therefore, be considered. We are not, therefore, prepared to interfere with the discretion of the lower Appellate Court as to costs.

(3.) The second appeal is dismissed with costs.