SHRIMAJ JAGADGURU MUMMADI SHRI NEELAKANTHA PATTADARYA MAHASWAMYGALU Vs. SHANKAR SHIVACHARYASWAMY GURUNANJUNDASWAMY NEELAKANTHAMATH

JUDGEMENT

(1.) This revision petition is directed against the order of the II Additional Munsiff, Hubli, on I.A. No. 9 in O.S. No. 75/1975.

(2.) The applicant in I.A. No. 9 was the present revision petitioner, the plaintiff in the suit. The application was made under Order 26, Rule 3 read with Section 151 of the C.P.C. for appointment of a commissioner to examine the plaintiff at his Mutt which he could not leave to personally attend the Court as he was every day pre-occupied with his duties to the deity as well as the devotees. The defendant who is also a Mathadhipathi objected to the same. After hearing the parties the application was dismissed as the applicant was not either exempted person or suffered from any sickness or infirmity which prevented him from attending the Court.

(3.) The learned Munsiff has further held that the application is not a serious one inasmuch as on two earlier occasions identical applications 1. As. 7 and 8 were dismissed for non-prosecution, as both the applicant and the counsel were absent. Aggrieved by the same, the present revision petition is filed.