ZAREENA TAJ Vs. KHURMATHUNNISA

JUDGEMENT

(1.) THIS is the plaintiffs revision being aggrieved of the order dated 20-3-2003 passed in O. S. No. 87/1994 by the Ilnd Addl. Civil Judge (Jr. Dn.), Hassan, refusing to restore the suit though ordered for restoration in Misc. No. 1/2000.

(2.) THE brief facts of the case are as follows : the plaintiff-Smt. Zareenataj filed a suit against the defendants for possession before the learned Prl. Civil Judge (Jr. Dn.), hassan. The suit came to be numbered as o. S. No. 87/94 and made over to the Ilnd addl. Civil Judge (Jr. Dn. ). Hassan. The said suit came to be dismissed for non-prosecution on 20-9-1999. The plaintiff filed a Misc. Petition under O. 9, R. 9, C. P. C. for restoration of the suit by setting aside the order of dismissal dated 20-9-1999. The said Misc. Petition came to be numbered as Misc. No. 1/2000 by the Prl. Civil Judge (Jr. Dn.), hassan. The notice sent to the respondents came to be refused. Thereafter, the Court recorded the evidence of P. W. 1 and marked ext. P. 1. The learned Prl. Civil Judge (Jr. Dn.), Hassan, appreciating the evidence allowed Misc. No. 1/2000 by setting aside the order of dismissal of O. S. No. 87/94 dated 20-9-1999 and restored the suit. After allowing Misc. No. 1/2000, it was made over to the Ilnd Addl. Civil Judge (Jr. Dn.), hassan. When the matter came up before the Ilnd Addl. Civil Judge (Jr. Dn.), Hassan, he refused to restore the suit and passed the following order :

(3.) LEARNED counsel for the petitioner contended, it is no doubt true that the suit came to be dismissed for non-prosecution on 20-9-1999 and immediately a Misc. Petition under O. 9, R, 9, C. P. C. was filed in the office of the learned Prl. Civil Judge (Jr. Dn.), hassan which came to be numbered as Misc. No. 1/2000 and the same was disposed of by the learned Prl. Civil Judge (Jr. Dn.), hassan by allowing the Misc. Petition. Therefore, there is no error apparent on the face of the record. The learned Ilnd Addl. Civil judge (Jr. Dn.), Hassan, instead of proceeding with the suit passed the impugned order erroneously forgetting the administrative powers of the learned Prl. Civil Judge (Jr. Dn.), Hassan. He also contended that there are 3 Courts of Civil Judges (Jr. Dn.)at Hassan viz. , (1) Prl. Civil Judge (Jr. Dn.), (2) 1st Addl. Civil Judge (Jr. Dn.), and (3)Ilnd Addl. Civil Judge (Jr. Dn. ). and it is the prl. Civil Judge (Jr. Dn.), Hassan, who has control over the administration. Therefore. there is no error apparent on the face of the record and that the learned Ilnd Addl. Civil judge (Jr. Dn.), Hassan, ought riot to have dismissed the suit. Accordingly, prayed to allow the revision.