Y NAGAPPA Vs. P SHANUMAKANAGOUDA

JUDGEMENT

(1.) THE impugned order has been passed even before issuing suit summons to the defendants. Therefore, notice to defendants is dispensed with.

(2.) HEARD arguments for final disposal.

(3.) THE brief facts of the case of the petitioner/plaintiff may be stated as under: that the petitioner/plaintiff filed a suit on 6-1-2005 for recovery of a sum of Rs. 86,410/- from the respondents/defendants on the basis of a pronote executed on 6-1-2002. When the suit was posted for hearing on office objections of maintainability, though the Advocate for the plaintiff was absent, Court below after perusing the plaint averments came to the conclusion that the suit was barred by time and dismissed the suit as not maintainable. This is impugned in this petition.