LAWS(KAR)-2015-3-279

LAKSHMIPATHY @ RAMA RAO Vs. KODANDARAMA

Decided On March 06, 2015
Lakshmipathy @ Rama Rao Appellant
V/S
KODANDARAMA Respondents

JUDGEMENT

(1.) THESE petitions are filed by the plaintiff/petitioner challenging the orders dated 20.6.2012 and 1.3.2013 passed in I.A.Nos.6 and 7 in S.C.117/2011 on the file of the Chief Judge, Court of Small Causes at Bangalore.

(2.) THE brief facts of the case:

(3.) THE said transferred suit was renumbered as S.C.1171/2011 before the Court of Chief Judge, Court of Small Causes, Bangalore and in the said proceedings, the respondents appeared and filed an application I.A.No.6 under Order VII Rule 11(d) read with Sections 132 and 133 of the Karnataka Land Reforms Act seeking for rejectment of plaint which was resisted by the petitioner. The learned Small Causes Judge after hearing the parties rejected I.A.No.6 and directed the registry to return the plaint to the plaintiff/petitioner to present the case before competent Court having jurisdiction by order dated 20.6.2012. Petitioner subsequently filed an application under Section 151 of CPC to recall the order dated 20.6.2012 insofar as ordering the return of plaint. This Application was also rejected by the learned Small Causes Judge by order dated 1.3.2013. These two impugned orders are assailed by the petitioner in these petitions.