BANGALORE-560010 v. SMT. PUSHPALATHA., ADVOCATE FOR R2)
Case at a glance
- Bench
- MAIN ROAD, X ADDITIONAL CITY CIVIL, ADDITIONAL CITY CIVIL, SESSION
- Neutral citation
- 2024:KHC:18739
Outcome
Allowed
The Civil Revision Petition is allowed
Provisions considered
Key paragraphs
- Para 66. Considering that the deficit process fee along with the covers and copies had been furnished by the petitioner on 11.4.2018, though there is a delay in the same and the petitioner has not expressed due diligence, the reason apparently stated is that the earlier…
Judgment
2. SRI BALAGANGADHAR S/O LATE B.T. GANGADHARAN, AGED ABOUT 52 YEARS
3. SMT POORNIMA D/O LATE B.T. GANGADHARAN, AGED ABOUT 51 YEARS
4. SRI SOUNDARAJAN S/O LATE B.T. GANGADHARAN, AGED ABOUT 48 YEARS
5. SMT SUJATHA D/O LATE B.T. GANGADHARAN, AGED ABOUT 46 YEARS
6. SMT JAGADEESHWARI D/O LATE B.T. GANGADHARAN, AGED ABOUT 40 YEARS NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA ALL ARE R/AT NO.126/A, 4TH MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010. …PETITIONERS (BY SRI. RAMANANDA A D.,ADVOCATE) AND:
SMT.G. DAMAYANTHI D/O LATE B.T.GANGADHARAN, - 2 - NC: 2024:KHC:18739 CRP No. 260 of 2018 AGED ABOUT 45 YEARS R/AT NO.126/A, 4TH MAIN ROAD, 4TH BLOCK, RAJAJINGAR, BANGALORE-560010.
SRI GURULINGA S/O LATE B.R.NANJUNDAPPA, MAJOR IN AGE, R/AT NO.475, 17TH CROSS, 38TH MAIN ROAD, J.P.NAGAR, 6TH PHASE, BANGALORE-560078. (NOTICE FO R1-SERVED & UNREPRESENED; SMT. PUSHPALATHA., ADVOCATE FOR R2) …RESPONDENTS THIS CRP FILED UNDER SEC.115 OF CPC., PRAYING TO CALL FOR RECORDS OF THE CASE IN MIS. NO.917/2017 ON THE FILE OF LEARNED X ADDITIONAL CITY CIVIL AND SESSION JUDGE BANGALORE CCH NO.26 AND FURTHER PRAYS THAT THIS HON’BLE COURT BE GRACIOUSLY PLEASED TO ALLOW THE REVISION PETITION AND SET ASIDE THE ORDER DATED 07.04.2018 BY LEARNED X ADDITIONAL CITY CIVIL AND SESSION JUDGE BANGALORE CCH NO.26 VIDE ANNEXURE-A AND BY ALLOWING THE PETITIONERS APPEAL WITH COSTS THROUGHOUT AND GRANT SUCH OTHER RELIEF AS IT DEEMS JUST AND PROPER. THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2024:KHC:18739 CRP No. 260 of 2018 ORDER
1. The petitioners are before this Court seeking for the following reliefs; Call for records of the case in Mis. No.917/2017 on the file of the Learned X Additional City Civil and Sessions Judge Bangalore CCH No.26 and further prays that this Hon’ble Court be graciously pleased to allow the Revision Petition and set aside the order dated 07.04.2018 by Learned X Additional City Civil and Session Judge Bangalore CCH No.26 vide Annexure-A and by allowing the Petitioners appeal with costs throughout and grant such other relief as it deems just and proper.
2. On account of the suit filed by the petitioner in OS No.8802/2015 having been dismissed, the petitioner had filed in a Miscellaneous Petition under Order IX Rule IX of the Code of Civil Procedure in Misc. No.917/2017. The trial Court ordered the issuance of notice vide order dated 7.12.2017 returnable by 9.2.2018. On 9.2.2018, taking into consideration that the deficit process fee had not been paid. The notice was directed to be reissued if deficit process fee is paid returnable by 7.4.2018.
On 7.4.2018, when there was no appearance on behalf of the petitioner and/or the counsel as also - 4 - NC: 2024:KHC:18739 CRP No. 260 of 2018 deficit process fee not paid, the trial Court dismissed the petition for non-prosecution. It is challenging the said order that the petitioners are before this Court seeking for the aforesaid relief.
Learned counsel for the petitioner submits that there was a change in a counsel and by the time new counsel could enter appearance and make payment of the deficit process fee, the Misc. petition had been dismissed. He has produced an acknowledgement indicating that the deficit process fee had been paid on the 11.4.2018 and R.P.A.D. covers had also been produced.
Notice having been ordered to respondent. Though respondent No.2 has entered appearance through a counsel, none has been appearing for respondent No.2. This Court vide its order dated 27.5.2024 had observed that, if none were to appear for respondent No.2, the matter would be taken for consideration in their absence. - 5 - NC: 2024:KHC:18739 CRP No. 260 of 2018
Operative part
Considering that the deficit process fee along with the covers and copies had been furnished by the petitioner on 11.4.2018, though there is a delay in the same and the petitioner has not expressed due diligence, the reason apparently stated is that the earlier counsel had not prosecuted the matter diligently and a new counsel had entered appearance who had made payment of the process fee. I am of the considered opinion that a litigant’s interest cannot be jeopardized on account of the counsel not prosecuting the matter by making payment of the necessary process fee in time. The new counsel having made payment of the process fee and furnished covers on the 11.4.2018, I pass the following; i. ii. ORDER The Civil Revision Petition is allowed. The order dated 7.4.2018 dismissing Misc. petition No.917/2017 is recalled. Misc. Petition No.917/2017 is restored to the file of the X - 6 - NC: 2024:KHC:18739 CRP No. 260 of 2018 Additional City Civil and Session Judge, Bangalore. iii. The trial Court is directed to accept the process fee paid, issue fresh notice to the respondent and proceed thereafter. iv. Registry is directed to return the originals filed in the present matter, subject to receipt of authenticated copies thereof. v. The petitioner shall appear before the trial Court on 12.6.2024 without requirement of any further notice. Sd/- JUDGE SR List No.: 1 Sl No.: 39
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Civil Revision Petition is allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 115.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.