GUNDAPPA Vs. SHA MOTILAL

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) Petitioner was the sole defendant in an original suit in O.S.111/06, a suit which was pending before the Senior Civil Judge, Muddebihal, Bijapur. The said suit had been filed by the respondent herein for the recovery of Rs.1,48,500.00. The said suit was dismissed ex parte as against which a regular appeal was filed by the plaintiff in R.A. 148/08 before the District Court, Bijapur. In the said appeal, notice to this petitioner was dispensed with on the ground that he had been placed ex parte before the trial Court in terms of Order 41, Rule 14 , C.P.C. (Karnataka Amendment).

(3.) The said appeal, R.A. 148/08 was decreed on 18.7.2011 and thereby the order dismissing the suit vide considered order dated 20.9.2008 was set aside and consequently the suit was decreed. Later on this petitioner chose to file a petition under Order 9, Rule 13 , C.P.C. before the appellate Court requesting to set aside the judgment and decree passed against him by the first appellate Court. The said petition came to be dismissed on 4.9.2013 in Civil Misc.21/13. It is this order which is called in question in this petition on various grounds as set out in the petition.