Revision against the order restoring a money recovery suit set aside ex parte for defective service of summons, the plaintiff having furnished an incorrect address of the defendant. The High Court found no error and dismissed the revision, directing expeditious disposal of the restored suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:703 CRP No. 598 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN CIVIL REVISION PETITION NO.598 OF 2023
BETWEEN:
…PETITIONER
(BY SRI MOHANA CHANDRA P., ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
…RESPONDENT
(NOTICE TO RESPONDENT HELD SUFFICIENT VIDE COURT ORDER DATED 16.11.2023.)
THIS APPEAL IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, PRAYING TO EXAMINE THE CORRECTNESS, LEGALITY AND PROPRIETY OF THE IMPUGNED ORDER DATED 02.08.2023 PASSED BY THE COURT OF 1ST ADDITIONAL
NC: 2024:KHC:703 CRP No. 598 of 2023
SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPURA IN MIS. CASE NO.28/2022 AND SET ASIDE THE IMPUGNED ORDER DATED 02.08.2023 PASSED BY THE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPURA IN MIS. CASE NO.28/2022 AND BY ALLOWING THE PETITION AND CONSEQUENTLY DISMISS THE MIS. CASE NO.28/2022 AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:703 CRP No. 598 of 2023
notice has not been served on the respondent herein and accordingly, Misc.No.28/2022 was allowed and O.S.No.146/2018 was restored to file.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 31
1 issue framed by the court
Was the trial court justified in setting aside the ex parte decree in O.S.No.146/2018 for want of proper service of notice on the defendant?
1 provisions across 1 enactments
M/S. SLV Petroleum Nandanagenahalli, represented by its Prop. Sri P.V. Anand
Sri N. Venkatesh
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
