HANUMAIAH Vs. PARISH PRIEST BANGALORE

JUDGEMENT

(1.) The respondent filled a suit seeking eviction of the petitioner and for damages and mesne profits. I.A. No. 3 was filed seeking deletion of the prayer 7(b), which was allowed. On being questioned before the Hon'ble High Court by the order dated 18.12.2006 passed in CRP 600/2006. The same was rejected. Thereafter, the Court of Small Causes returned the plaint for want of jurisdiction. On return, the respondent has preferred the same before the City Civil and Sessions Judge without deleting the prayer 7(b). Hence. I.A. No. I was filed by the petitioner/defendant for the deletion of prayer 7(b). The Court below by the impugned order rejected the said application. Hence the present petition.

(2.) Sri Madhukar Nadig, learned Counsel appearing for the petitioner contends that the prayer 7(b) having been deleted, the same cannot be inculcated in the present plaint, since the plaint has been returned for representation.

(3.) The respondent's Counsel is absent.