CANARA BANK Vs. MYSORE MERCANTILE COMPANY LIMITED

JUDGEMENT

(1.) The plaintiff in O.S.No.8533/2019 on the file of the XXXVII Additional City Civil and Sessions Judge, Bangalore has preferred this revision petition calling in question the order dated 13.3.2020 whereby, the Civil Court has rejected the petitioner's application under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 (for short, 'the CPC') imposing a cost of Rs.2,000/.

(2.) Sri Thiruvengadum, learned Counsel for the petitioner, Sri P.S.Rajagopal, learned Senior Counsel for the second and third respondents and Sri. H. Mujtaba, the learned counsel for the first respondent are heard. The question that arises for consideration in this revision petition is:

(3.) It is obvious from the rival submissions that certain facts are either undisputed or beyond dispute, and such facts would be that: