MALLIKARJUNA SWAMY ADHIVAITH HIREMATH Vs. GANGAMMA

JUDGEMENT

(1.) THIS revision is directed against the order dated 14.9.2000 passed on I.A. No. VII on the file of the Principal Munsiff, Tumkur in Execution No. 131/1990.

(2.) THE petitioner had field I.A. No. VII under Order 21, Rule 58 of CPC before the trial Court. On 24.7.2000 the matter was adjourned on the ground that the Presiding Officer was on leave and Bench clerk has posted the matter on 14.9.2000. The case was called out on 14.9.2000, nobody represented on behalf of the petitioner and dismissed the same for default. Feeling aggrieved by the said order, the petitioner has presented this revision petition.

(3.) THE learned counsel for the petitioner further contended that, if the ratio of the above cited decision is taken into consideration, the trial Court was not justified in dismissing the application for default. Further, he submitted that, in view of the order passed by the trial Court, the petitioner has put to great hardship and if the said application is considered it will in no way prejudice the rights of the respondents. Therefore, he prayed that the revision petition may be allowed by setting aside the impugned order passed by the trial Court.