Karnataka High Court
Sri Madan Kumar vs Sri S Vinayaka Uppar @ S Vinayaka on 3 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:19076
CRP No. 288 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 288 OF 2018 (SC)
BETWEEN:
SRI MADAN KUMAR
S/O K RAVI
AGED ABOUT 26 YEARS,
R/O NO.617, 5TH MAIN ROAD,
RAJAJINAGAR 4TH BLOCK
BENGALURU-560010
...PETITIONER
(BY SRI. RAVINDRANATH M.,ADVOCATE)
AND:
SRI S VINAYAKA UPPAR @ S VINAYAKA
S/O SRI SUBHASH
AGED ABOUT 36 YEARS,
R/AT NO.150, 5TH MAIN ROAD, 1ST PHASE,
MANJUANTHANAGARA, RAJAJINAGAR
Digitally signed BENGALURU-560010
by
NARAYANAPPA ...RESPONDENT
LAKSHMAMMA (REPRESENTED SERVED BUT UNREPRESENTED)
Location: HIGH
COURT OF
KARNATAKA THIS CRP FILED UNDER SECTION 18 OF SMALL CAUSES
COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 02.03.2018 IN S.C.NO.15318/2014 PASSED BY
THE XV ADDL. SMALL CAUSES JUDGE & XIII ACMM,
BENGALURU, (SCCH-9) AND ETC..
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRP No. 288 of 2018
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
1. Set aside the judgment and decree dated
02.03.2018 in S.C.No.15318/2014 passed by
the XV Addl. Small Causes Judge & XIII
ACMM, Bengaluru, (SCCH-9).
2. Call for the records.
3. Pass such other order or direction as deemed
fit to pass under the circumstances of the
case including the order for costs.
2. The contention of learned counsel for the petitioner is
that the judgment dated 2.03.2018 was passed without
affording adequate opportunity to the petitioner to defend
the matter in as much as when the matter was posted for
cross examination of the plaintiff on 29.01.2018, the
evidence of PW-3 was discarded due to the absence of
PW-3 and the matter was posted for defendant's evidence
on 7.02.2018 observing that defendant was absent on
7.02.2018, the matter was adjourned to 14.02.2018. On
14.02.2018, again noting the defendant's absence, the
matter was posted for arguments on 21.02.2018. On
21.02.2018, arguments of the plaintiff was heard and the
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matter was posted for judgment on 24.02.2018 noting
the absence of defendant.
3. The submission of the learned counsel for the petitioner
is that it was on account of a wrong date which had been
entered by the advocate that the petitioner or his
advocate could not appear in the said proceedings. The
petitioner has a good case on merits inasmuch as the
proceedings in C.C. No.26232/2014 which had been filed
for dishonour of the cheque allegedly issued by the
petitioner which was the basis for filing of S.C.
No.15318/2014 is held to be not issued from the account
of the petitioner, as also, the signature has been held not
to be that of the petitioner in the judgment dated the
1.03.2017 in C.C. No.26232/2014.
4. Though notice has been issued to the respondent and
notice has been served, the respondent has not entered
appearance in the present proceedings.
5. Considering that the submission made by the council for
the petitioner is that the advocate had not entered the
proper date and the advocate could not prosecute the
matter, and taking into consideration the acquittal order
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passed in C.C. No.26232/2014, I am of the considered
opinion that in the interest of justice that the order,
judgment and decree dated 2.03.2018 in S.C.
No.15318/2018 is required to be set aside, so as to afford
an opportunity to the petitioner to lead his evidence and
address arguments in the said proceeding, the evidence
of the plaintiff having been completed. In that view of
the matter, I pass the following:
ORDER
i. The petition is allowed.
ii. The judgment and decree dated 2.03.2018 in S.C.
No.15318/2014 passed by the 15th Additional Small
Causes Judge and 23rd ACMM, Bengaluru is set
aside. The petitioner is directed to appear before
the said court without requiring any notice on
18.06.2024.
iii. The said court shall issue notice to the plaintiff in
the said matter and thereafter proceed with the
matter. Needless to say, on 18.06.2024, the
petitioner shall file an affidavit in lieu of evidence
along with all documents in evidence relied upon by
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the petitioner. If the affidavit in lieu of evidence is
not filed on that date and/or the petitioner or
petitioner's witness is not present, the petitioner
will not be entitled to the benefit of this order and
the judgment and decree dated 2.03.2018 will
stand.
iv. The deposit of Rs.5000/- made before this court in
pursuance of the interim order will form costs of the
present petition to be paid to the respondent on
appearance. Registry is directed to transfer the
same to the Trial Court, to the account in the above
matter.
Sd/-
JUDGE
LN
