Karnataka High Court
Sri Bettappa T vs Sri Nataraj Venkatesh on 10 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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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 (BY SRI. RAJU S., ADVOCATE)
R HEMALATHA
Location: HIGH
COURT OF AND:
KARNATAKA
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)
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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.
2. The plaintiff filed a suit for recovery, stating that he
had undertaken granite work in the defendant's house and, having
completed the work, the defendant failed to pay the balance
amount.
3. The defendant entered an appearance and filed a
written statement.
4. The plaintiff was examined as PW-1, and another
witness was examined as PW-2. However, the defendant chose
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not to cross-examine these witnesses, leaving the trial court with
no option but to decree the suit.
5. Heard the learned counsel for both parties and
perused the trial court records.
6. PW-1 was examined on 28.01.2019, and documents
marked as Exhibits P1 to P7 were submitted. The defendant
remained absent on 20.02.2019, and consequently, the cross-
examination of PW-1 was recorded as NIL. On 01.03.2019, PW-2
was examined, and the defendant again remained absent. The
matter was adjourned to 07.03.2019, where the evidence of PW-2
was recorded. Since the defendant remained ex-parte, the cross-
examination of PW-2 was also recorded as NIL. On three
consecutive occasions, the defendant remained absent. The matter
was not set for the defendant's examination-in-chief, and the trial
court proceeded to post the suit for arguments, ultimately passing
the impugned judgment and decree.
7. Although the defendant failed to show sufficient cause
for his absence, the trial court ought to have provided him with a
fair opportunity to cross-examine PW-1 and PW-2 and to present
his evidence. If the impugned judgment and decree are not set
aside, the defendant will suffer hardship and monetary loss. On the
other hand, no prejudice will be caused to the plaintiff if the decree
is set aside and the matter is remanded to the trial court to afford
the defendant an opportunity to be heard.
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8. Accordingly, the following :
ORDER
i) CRP is allowed.
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 cross-
examine 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.
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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
