DHULLAPPA Vs. SHIVAPPA

JUDGEMENT

(1.) This appeal by the fourth defendant is directed against the judgment and decree, dated 19-10-72, passed by the Additional Civil Judge, Gulbarga, in R.A.No.213/1967, on his file, dismissing the appeal and confirming the judgment and decree dated 2-9-1967, passed by the Munsiff, Aland in O. S. No. 23/1/66, on his file, decreeing the suit of the plaintiff against the defendants as prayed for with costs against defendant-4.

(2.) At the outset the learned counsel for the appellant raised an objection that the learned Civil Judge, ordered transposing of second defendant as plaintiff even without an application with a prayer to give such a relief to settle the matter in dispute between the parties. The learned counsel invited my attention to the fact tha|f this Court by amendment of O. 1. R. 10(6) of the Code of Civil Procedure, has framed rule for transposing the parties and that the learned Civil Judge has not followed the procedure contemplated in that rule and as such his order and the decree based on that cannot be sustained. Order 1 Rule 10 (6) of C.P.C., as incorporated by Karnataka Amendment reads:

(3.) Send back the concerned records to the first appellate Court. Parties are directed to be presen't before the first appellate Court on 12-4-1982 to take further instructions. Refund admissible court fees.