KOKA ADINARAYANA RAO NAIDU Vs. KOKA KOTHANDARAMAYYA NAIDU

JUDGEMENT

(1.) This revision petition is filed against an order passed in April, 1937, amending under Section 152, Civil Procedure Code, a decree of April, 1919. The judgment, from which this decree proceeds, was passed on the consent of the lawyers representing both parties. The Judge who passed the decree and the leading counsel who represented both sides are all said to be dead. The facts are a little complicated but the essential points may be summarised briefly.

(2.) The petitioner here was the first defendant in a partition suit and the preliminary decree declared the petitioner and the respondent each to be entitled to half of the family properties. At the final decree stage there were difficulties in working out what were the rights and liabilities of the parties. The trial Court passed its final decree on the report of a commissioner who amongst other things found that the first defendant was liable for four sums making up a total of Rs. 1,888-14-10 in respect of debts due to the family which he had collected. In appeal the learned District Judge passes a judgment the first paragraph of which runs as follows: "The parties have agreed about the amount of debts due by the family and about the amount of debts due to the family which were allowed by the first defendant to become time-barred. The amount which plaintiff has to pay under Ex. 49" (that is, debts due by the family) "is Rs. 4,043-10-0 and the amount to be deducted for his share of barred debts is Rs. 1,253-13-5. The net amount which plaintiff has to pay is Rs. 2,789-12-7."

(3.) The learned Judge then goes on to deal with the various subsidiary items on which the parties are agreed and then mentions that the questions with regard to these matters had been discussed in Court with the Vakils on both sides and an agreement had been reached and ends by saying that the final decree will be revised accordingly.