Chandrajupalli Siva v. Bejjam Sambrajyam

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY C.R.P. No.1758 OF 2018 ORDER:

This petition is filed under Article 227 of the Constitution of India challenging the order dated 25.01.2018 passed in I.A.No.2151 of 2017 in O.S.No.47 of 2015 by the Principal Junior Civil Judge, Mangalagiri, allowing the application filed under Order VI Rule 17 and Section 151 C.P.C.

The only ground urged before this Court is that the impugned order is not conveying any meaning and it is contrary to Order XX C.P.C.. Hence, requested to set aside the impugned order. A bare look at the impugned order from para 6 onwards, except referring two judgments, nothing has been discussed and the Presiding Officer is expected to write judgment with coherence. It appears from the impugned order that the Presiding Officer did not even corrected the spelling mistakes in several lines and in fact, the impugned order is not conveying any meaning and without any sense of responsibility the orders was passed by the Court, contrary to principles laid down in M/s Leela Enterprises and others v Kamar Sultana1.

Therefore, the civil revision petition is allowed setting aside the order dated 25.01.2018 passed in I.A.No.2151 of 2017 in O.S.No.47 of 2015 by the Principal Junior Civil Judge, Mangalagiri, while remanding I.A.No.2151 of 2017 in O.S.No.47 of 2015 to the Principal Junior Civil Judge, Mangalagiri to pass reasoned order following the guidelines laid down by this Court in M/s Leela Enterprises and other's case referred supra. No costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ M.SATYANARAYANA MURTHY,J 08.11.2018 kvrm 1 2017(5) ALT 75