The High Court of Andhra Pradesh, in a significant order, dismissed a Civil Revision Petition and imposed costs of Rs. 25,000 on the petitioner’s counsel for misrepresenting facts to get a matter listed urgently. Justice Ravi Nath Tilhari ruled that a notice from an execution court asking a party to appear and file objections does not constitute a ‘case decided’ under Section 115 of the Code of Civil Procedure (CPC) and that filing petitions based on misstatements is an abuse of the court’s process.
The court was hearing a Civil Revision Petition filed by Pilla Venkateswara Rao, the judgment debtor in a 2002 civil suit, challenging a notice issued by the Principal Senior Civil Judge, Vijayawada.
Background of the Case
The case originates from a suit (O.S.No.623 of 2002) filed by Kanch