A money-recovery suit for granite work was decreed ex parte after the defendant thrice failed to appear for cross-examination. The High Court allowed the revision petition, set aside the judgment and decree, remanded the suit with a conditional opportunity to cross-examine witnesses and adduce evidence, subject to payment of costs.
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NC: 2024:KHC:37051 CRP No. 422 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CIVIL REVISION PETITION NO. 422 OF 2019 (SC)
BETWEEN:
SRI. BETTAPPA T., S/O. LATE THIMMAPPA, MAJOR, SYNDICATE BANK, BWSSB BRANCH, MYSORE BANK CIRCLE, AVINASH ROAD ENTRANCE, BANGALORE-560 002.
ALSO AT: H.NO.1164, 4TH CROSS, CHOWDAIAH BLOCK, SIDDARTHA COLLEGE ROAD, RT NAGAR, BANGALORE-560 032
…PETITIONER
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
(BY SRI. RAJU S., ADVOCATE) AND:
SRI. NATARAJ VENKATESH, S/O NATARAJ MARI MUTHU, AGED ABOUT 56 YEARS, V-82, 1ST MAIN, 5TH CROSS, PAPANNA BLOCK, SRIRAMPURAM, BANGALORE-560 021.
…RESPONDENT
(BY SRI. GURURAJ KULKARNI, ADVOCATE)
NC: 2024:KHC:37051 CRP No. 422 of 2019
THIS CRP IS FILED UNDER SEC.18 OF SMALL CAUSES COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2019 PASSSED IN SC.NO.15336/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND 24TH ACMM [SCCH-20], MAYO HALL UNIT, BANGALORE. ALLOWING THE SUIT FOR RECOVERY OF MONEY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the impugned order dated 01.04.2017, passed in S.C. No.15336/2018 by the V Additional Small Causes Judge & 14th ACMM (SCCH-20), Mayo Hall Unit, Bangalore, whereby he has been directed to pay a sum of Rs.1,77,261/- with interest at 6% per annum from the date of filing of the suit until the date of realization.
NC: 2024:KHC:37051 CRP No. 422 of 2019
not to cross-examine these witnesses, leaving the trial court with no option but to decree the suit.
8. Accordingly, the following :
ORDER
ii) The impugned order dated 01.04.2017, passed in S.C. No.15336/2018, by the V Additional Small Causes Judge & 14th ACMM (SCCH-20), Mayo Hall Unit, Bangalore, is hereby set-aside.
iii) The matter is remanded to the trial court to permit the defendant to cross-examine, PW-1 and PW-2 and also adduce evidence, if any.
iv) In the event the defendant fails to appear to crossexamine PW-1 and PW-2 on the date on which they are summoned, the trial court is at liberty to proceed in accordance with law.
v) This order is subject to payment of cost of Rs.15,000/(Rupees Fifteen Thousand) to be paid by the Defendant to the Plaintiff on or before the date of hearing before the trial court.
vi) All contentions of the parties are kept open.
vii) The Registry is directed to transmit the amount on deposit to the trial court, and the same shall be subject to the final outcome of the suit.
NC: 2024:KHC:37051 CRP No. 422 of 2019
viii) The trial court is requested to dispose of the suit within an outer limit of four months from the date of receipt of a copy of this order.
ix) The parties are directed to appear before the trial court on 01.10.2024, without awaiting further notice from the trial court.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
JJ
1 issue framed by the court
Should the ex-parte decree against the defendant be set aside and the suit remanded so he can cross-examine PW-1/PW-2 and adduce evidence?
1 provisions across 1 enactments
Bettappa T.
Nataraj Venkatesh
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
