H.GURUSWAMY Vs. A. KRISHNAIAH

JUDGEMENT

(1.) This appeal arises from the judgment and order passed by the High Court of Karnataka at Bengaluru dtd. 30/1/2020 in Misc. First Appeal No. 7220 of 2014 filed under Order 43 Rule 1(d) of the Civil Procedure Code, 1908 (for short, "the CPC") by which the order dtd. 5/8/2014 passed in Misc. Case No. 223 of 2006 on the file of the XIV Additional City Civil Judge, Bengaluru rejecting the application filed under Order 9 Rule 13 CPC came to be set aside and thereby the appeal was allowed.

(2.) The facts giving rise to this appeal may be summarised as under:

(3.) Being aggrieved with the above, the Respondents challenged the Order dtd. 5/8/2014 before the High Court in W.P No.7220/2014 wherein the High Court allowed the Writ Petition thereby condoning the delay of about 2200 days.