Karakavalasa Muralidhara Rao, vs The Chief Manager,
2021 Latest Caselaw 4579 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                  MAIN CASE No. S.A.No.522 of 2021
                                  PROCEEDING SHEET

Sl.                                                                      Office
                                         ORDER

No DATE Note

1. 11.11.2021 RRR, J S.A.No.522 of 2021

The following substantial questions of law arise for consideration in this Second Appeal:

1) Whether the first Appellate Court is justified in not complying Order 41 Rule 31 C.P.C. ?

2) Whether the first Appellate Court is justified in not considering the order dated 29.08.2019 in Crl.M.P.No.290 of 2019 in S.C.No.24 of 2018 on the file of the Court of the Special Judge for Trial of Cases under S.C. & S.T. (POA) Act -cum- IV Additional District & Sessions Judge, Vizianagaram ?

3) Whether the first Appellate Court is justified in allowing the appeal by setting aside the well considered Judgment of the trial Court though it was brought to the notice of the Court that the commission payable to Sri B.Srinivasa Rao was paid though he was the agent and the appellant/plaintiff was not the agent and that he was the chairman club member ?

4) Whether the first Appellate Court is justified in allowing the appeal by reading down the legal principles pertaining to Agency with reference to the provisions of the Indian Contract Act ?

Admit.

Notice.

____________ RRR, J

S.A.No.522 of 2021 11-11-2021 (Contd...,) I.A.No.1 of 2021

The petitioner/appellant is permitted to take out personal notice to the respondents by RPAD and file proof of service by the next date of hearing.

Post on 01.12.2021.

In the circumstances, the operation of the Decree and Judgment in A.S.No.45 of 2017, dated 31.08.2021 of the first Appellate Court, shall stand suspended for a period of eight weeks.

____________ RRR, J

SDP

S.A.No.522 of 2021 11-11-2021 (Contd...,)