L VITTALA NELLI Vs. J GOPALAKRISHNA NELLI

JUDGEMENT

(1.) THE revision petitioner is the defendant in O.S. 729 of 1989 on the file of Munsiff, Shimoga and being aggrieved by the dismissal of his application for stay of the suit under Section 34 of the Arbitration Act (for short 'the Act') by the learned Munsiff and also dismissal of the appeal preferred by him against that order by the learned Civil Judge, has preferred this revision petition.

(2.) FOR the sake of convenience,I shall refer to the parties by virtue of their ranks before the trial Court.

(3.) THE suit was filed in the first instance in the Court of Principal Civil Judge, Shimoga, and it was registered as O.S. 155/1987. When this suit was taken up after registration of the same on 4-7-1987, Sri K.M.S. who had entered caveat on behalf of the defendant took notice and sought for time to file vakalath and objections to LA. consequently, the case was adjourned to 18-7-1987. On that date Sri K.M.S. filed power for the defendant and he also filed a memo that he intended to file an application for stay of further proceedings in the case under Section 34 of the Act and sought for adjournment of the case to file the said application. THE case was adjourned to 31-7-1987 and on that date the advocate for the defendant filed LA. II under Section 34 of the Arbitration Act. This application of the defendant was opposed by the plaintiff and at that stage on account of the enhancement of the pecuniary jurisdiction of the Munsiff, the case came to be transferred to the file of Munsiff, Shimoga and registered as O.S. 729 of 1989. THE learned Munsiff after hearing both the sides dismissed LA. II by his order dated 26-3-1990. THE defendant aggrieved by this order of the learned Munsiff preferred M.A. 31/1990 and as the said appeal also came to be dismissed, he has preferred the present revision petition.