NALLAPARAJU MIRJA ATCHUTHARAMARAJU Vs. KRUTTIVENTI PERRAJU GARU

JUDGEMENT

(1.) The suit in this case was a suit as regards a mortgage, and the real point at issue between the parties was whether one rate of interest was to be allowed or another. The suit was filed before the Government Agent at Godavari. He had power to transfer the case, and he did transfer it to the Assistant Commissioner, Agency Division Vizagapatam and he was in favour of the plaintiff. Under the Agency Rules which in this part of India prevail to the exclusion of the general Civil Procedure Code, with certain exceptions which it is immaterial to mention there was an appeal to the Agency Commissioner, and he decided against the plaintiff.

(2.) The plaintiff then applied to the High Court. His right to apply depended upon R. 13. R. 13 of the rules in question, was this : ''All decrees passed by the Agency Commissioner on appeals from decree of his subordinates."and this particular decree was such a one : "shall be final, the High Court having the power on special grounds to require him to review his judgment as may be directed by them." Accordingly, this application to the High Court was properly presented, because at p. 124 of the record the petition is described in the judgment of the High Court in this way : "Petitions under R. 13 of the Agency Rules (Civil Justice) praying that, on the grounds set forth therein the High Court will be pleased to issue an order directing the Additional District Judge, Agency Division, Waltair to review his judgment." That is precisely in the terms of R. 13.

(3.) Upon that the High Court delivered judgment. The first part of the judgment deals with the merits, and need not be read. At the end of the judgment it is said : "On the best consideration I can give to both the facts, and law of this case, I am bound to say, I think that the learned Additional District Judge was wrong in the view he took of his transaction as far as it affects the sons. In my view, the petition must be allowed with costs, and the decree of the Additional District Judge set aside, the first Court's decree restored."