P. AMARNATHA SHETTY Vs. VISHWESHWARA BHAT AND OTHERS

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 11th September, 1998 passed by Sri R.S. Kempanna, Principal District Judge, Mangalore, in Un -numbered M.A. No. 1994, whereby the application filed by the Appellant (revision Petitioner herein) under Section 5 of the Limitation Act was dismissed and consequently the Miscellaneous Appeal was also dismissed.

(2.) IN brief the trial Court had dismissed the application for the appointment of an Arbitrator in Case No. AC 2 of 1991 vide order dated 23.8.1994. The said order was passed by the Civil Judge, Puttur.

(3.) ACCORDING to the learned Counsel for the Respondents that the order in Miscellaneous First Appeal No. 427 of 1994 was passed on 12.4.1994, but according to the learned Counsel appearing for the revision Petitioner that papers were returned on 1.7.1994 as it took time in processing. The Appellant -revision Petitioner thereafter filed the appeal in the Court of the District Judge, Mangalore, on 1.8.1994. The appeal was no doubt barred by limitation. Thereafter, it appears that on 21.1.1995 the application for condonation of delay in filing the appeal in the Court of the District Judge, was made before the District Judge alongwith the affidavit.