POTNURU RAMESH Vs. CHINTADA RAJA RAO
LAWS(APH)-2022-6-48
HIGH COURT OF ANDHRA PRADESH
Decided on June 30,2022

Potnuru Ramesh Appellant
VERSUS
Chintada Raja Rao Respondents




JUDGEMENT

- (1.)"Procedure is meant to advance the cause of justice and not to retard it. The difficulty of the decree-holder starts in getting possession in pursuance of the decree obtained by him. The judgmentdebtor tries to thwart the execution by all possible objections." (Babu Lal vs. Hazari Lal Kishori Lal and others), AIR 1982 SC 818.
"Procedural law is intended to facilitate and not to obstruct the course of substantive justice. Provisions relating to pleadings in civil cases are meant to give to each side intimation of the case of the other so that it may be met, to enable Courts to determine what is really at issue between parties, and to prevent deviations from the course which litigation on particular causes of action must take." (M/s. Ganesh Trading Co. vs. Moji Ram,(1978) 2 SCC 91.

"The rules of procedure are the handmaid of justice and not its mistress. In the present context, the strict interpretation would defeat justice." (Salem Advocate Bar Association, T.N v. Union of India,(2005) 6 SCC 344.

(2.)This revision petition is filed against order, dtd. 24/10/2019, in I.A.No.27 of 2015 (old I.A.No.1139 of 2010) in O.S.No.46 of 2001 on the file of the Court of Junior Civil Judge, Pondur.
(3.)Heard Sri V.Sudhakar Reddy, leaned counsel for the revision petitioner/1st defendant and Sri Y. Nagi Reddy, learned counsel for the 1st respondent/plaintiff. The 2nd respondent is shown to be not a necessary party to this revision petition.


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