VEERABHADRIAH Vs. MUDDAMMA

JUDGEMENT

(1.) I have heard Sri P. Krishnappa, learned Counsel appearing for the appellant, an support of the admission of the appeal. The learned Counsel submitted that the judgment of the Prl. Civil Judge at Tumkur passed in RA, 59 of 1971 is not a judgment in accordance with law, in as much as it does not conform with Or.41, R.31 CPC. It was urged that though no arguments were Advanced on behalf of the appellant in the lower appellate Court, the Court was bound to look into the grounds of appeal, and to record a judgment. The judgment of the Court below is a brief one and reads as follows :

(2.) In ' view of this authoritative pronouncement of the Supreme Court, it is impossible to accept the contention of Sri Krishnappa, learned Counsel appearing for the appellant, that as the judgment of the lower appellate Court is not in accordance with Or.41, R.31 of the CPC, this appeal merits admission.

(3.) For the reasons stated above, this appeal is dismissed.