G K ANANDA REDDY Vs. L N BASAPPA

JUDGEMENT

(1.) THIS revision is filed against the judgment and decree passed by the Civil Judge (Senior Division), Chikkaballapur in S. C. No. 153/98.

(2.) THE petitioner is the defendant against whom the impugned judgment and decree is passed. Before the Trial Court, the defendant is served. He has appeared but not filed written statement. The Trial Court passed the decree on the basis of the averments made in the pliant and the documentary materials produced placing reliance on the ruling I. L. R. 2001 KAR. 546. Although the defendant has not filed written statement he Trial Court cannot do away with the procedure of recording evidence. The defendant will have a right to participate in the further proceedings by cross-examining the plaintiff and plaintiff witnesses. The position would be different if the defendant after service of notice does not appear at all and placed exparte.

(3.) THE Division Bench of this Court in the case of Smt. Aisha Bi and Another Vs. Shamsher khan, in para 15 has observed thus; it is further clarified that though in the facts of the present case, the defendants will have no right to file any written statement but they will be entitled to participate in the further proceedings. In that view of the matter, the disposal of the case without recording the evidence of the plaintiff is bad in law.