LAXMAN Vs. RATNA BAI

JUDGEMENT

(1.) THIS Miscellaneous First Appeal is directed against the order dated 29. 10 1997 in Appeal No. 15/89 by the Additional District Judge, Bidar, in passing whereof, the learned District Judge had dismissed I. A. No. 2 as the one not maintainable since the same came to be filed under Section 151 of C. P. C. instead of filing the same under order 41 Rule 11 (2) of C. P. C.

(2.) THE learned Counsel for the appellant had taken me through the facts of the case as it had been narrated by him, they are as here-under: that the appellant herein had filed originally an appeal is R. F. A. No. 20/1978 before this Court. That, the said appeal came to be dismissed by the Division Bench of this Court for default. That thereafter, the learned Advocate on record in the said appeal had filed I. A no. 2 under Section 151 of C. P. C. praying this Court to recall the order dated 22. 9. 1998, whereby this Court had dismissed the above appeal for default and further to restore the appeal on file. That, when the matter was resting at that, there came amendment of the provisions of Karnataka Civil Courts Act, by Act no. 13 of 1989 and because of that, the said application filed in the said appeal came to be transferred to the Additional District Judge at bidar, henceforth in brief referred to as the district Judge.

(3.) IT appears, by inadvertence, the office of the District Judge had registered the same as R. A. No. 15/1989 and that the I. A. No. 2 was accordingly taken up for disposal in the said R. A. The learned District Judge while considering the said I. A. before him had dismissed the same on the ground that the same came to be filed under a wrong provision of law