MAHADEVA RAO Vs. S C CHICKANAGESWARIAH

JUDGEMENT

(1.) In this revision petition, the petitioner who was defendant No. 8, ha? challenged the judgment and decree dated 30-11-1976 of the Add1. Civil Judge, Bangalore District Bangalore, in R.A. No. 128 of 1976 affirming the judgment and decree dated 3-6-1976 of the Munsiff, Doddaballaur in O.S. No. 183 of 1971.

(2.) On 5-8-1971, the respondent plaintiff instituted O- S. No- 183 of 1971 for recovery of a sum of Rs. 138-87 alleged to be due by, defendant No.1 8 and seven others. On a memo filed by the plaintiff, the learned Munsiff by his order Lt. 10-1-1974 deleted defendant No. 8. But, on a subsequent application made by the plain-tiff, the learned Munsiff by his order dated 19-6^1975, again impleaded defendant No- 8 as a party defendant. After such impleading, suit summons were served on defendant No. 8 and thereafter he appeared before Court and filed his written statement contesting the suit claim on various grounds. On a consideration of the evidence placed before him, the learned Munsiff decreed the plaintiff's suit. Against the said judgment and decree of the learned Munsiff, defendant No. 8 filed an appeal in R. A. No. 128 of 1976 before the learned Civil Judge, in which he prominently urged that as by the time he was impleaded as a defendant, the suit claim against him was barred by time and, therefore, 'the decree made against him was liable to be set aside. On an examination of the said and other contentions that were urged before him, the learned Civil Judge b,y his judgment dated 30-11-1976 has dismissed the said appeal.

(3.) Sri N.V.Ramachandra Rao, learned Counsel for the petitioner, contentends that when once the plaintiff has suo motu given up defendant No. 8, it was not open to the learned Munsiff to again implead him as a party defendant and decree the plaintiff's suit as by thajt time, the said claim was barred by time against him and in decreeing the plain-tiff's suit, the learned Munsiff has acted illegally and with material irregularity affecting his jurisdiction.