K. UMESH Vs. M. MANJUNATHA

JUDGEMENT

(1.) MATTER is admitted and appeal is taken up for final disposal with the consent of parties.

(2.) THIS appeal is filed by the petitioner/appellant calling in question the order dated 17.03.2014 passed by Senior Civil Judge, Challakere, in Misc. P. No. 2/2013. Appellant is the sole defendant in an original suit bearing No. 8/2012. Suit came to be filed by the plaintiff seeking recovery of money based on registered simple mortgage, which was contested by the present appellant as the defendant.

(3.) SAID petition has been dismissed mainly on the ground that the appeal should have been filed under Order 41 of CPC and not under Order 39 of CPC as the defendant had contested the suit by filing the written statement and by cross -examining the P.W. 1.