N.S. SHYAMA SUNDAR Vs. A. AMARNATH

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 31 -08 -2012 made on I.A. No. I in O.S. No. 8038/2007 on the file of the Principal City Civil and Sessions Judge, Bangalore.

(2.) THE petitioner herein filed O.S. No. 8038/2007 seeking for damages for the act of omission and commission which contributed mental agony to the petitioner and his wife. It was alleged that due to the filing of criminal case against the petitioner and his wife under Section 498 -A of IPC, the petitioner has suffered mental agony and his wife died subsequently due to mental agony and hence sought for damages of Rs. 50,00,000/ - from defendants 1 to 3.

(3.) THOUGH the petitioner filed objection to the said application, the trial Court without considering the said objection without assigning any reasons by its order dated 31 -08 -2012 allowed the application I.A. No. I, though the advocate appearing for the second defendant was absent and posted the matter for framing of issues on 24 -11 -2012. Being aggrieved by the said order, the petitioner has filed this writ petition.