G K BALAKRISHNA Vs. H VENKATESHAPPA

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 18-12-1999 passed in Civil Miscellaneous Case No. 3 of 1998 on the file of the court of the Civil Judge (Junior Division), Siraguppa dismissing the said civil miscellaneous case.

(2.) THE petitioner in this civil revision petition as well as in Civil miscellaneous Case No. 3 of 1998 was the plaintiff in Original Suit No. 46 of 1994 on the file of the same Court. The suit was for specific performance of an agreement dated 29-12-1988 which the plaintiff claims as an agreement for conveying certain extent of agricultural properties by the defendants in favour of the plaintiff.

(3.) THE plaintiff had filed the suit for specific performance of the said agreement and the suit had been set down for letting of evidence of the plaintiff on 23-10-1997 and the suit came to be dismissed for non-prosecution as the petitioner was not represented before the Court. Later on a miscellaneous application came to be filed as Miscellaneous Case No. 3 of 1998 on 13-1-1998. There was delay of 80 days in filing the said application and the said application was vehemently opposed by the defendants by filing the objection. The miscellaneous case was taken up for letting in of evidence of the parties and the plaintiff who was the applicant in the miscellaneous case was examined himself.