B.S. HEGDE Vs. B. SRINIVAS AND ORS.

JUDGEMENT

(1.) Heard the learned Counsel appearing for both the parties and the matter is taken up for final hearing with their consent.

(2.) The order dated 25.01.2013 passed in Mis. No. 125/2011 filed under Order IX Rule 13 of CPC is called in question.

(3.) The learned Prl. Senior Civil Judge & CJM, Mysore has dismissed the petition of the appellant filed under Order IX Rule 13 of CPC on technical grounds stating that the petition filed under Order IX Rule 13 of CPC should have been filed before the Court of III Addl. Civil Judge (Sr. Dn.), Mysore which has passed a decree in OS No. 681/2005 on 24.05.2011. Many other grounds have been urged in the present appeal memo. It is stated that filing of petition under Order IX Rule 13 of CPC before the Court of Prl. Senior Civil Judge & CJM, Mysore is perverse.