DIESEL (INDIA) Vs. KRISHNAMURTHY AND ORS.

JUDGEMENT

(1.) THIS revision petition is filed under Section 18 of the Karnataka Small Cause Courts Act challenging the order dated 26.06.2015 passed dismissing Misc. No. 220/2014.

(2.) MISC . No. 220/2014 was filed by the revision petitioner under Order IX Rule 13 CPC seeking to set aside the judgment dated 30.08.2014 passed in S.C. No. 1164/2011 with a prayer to restore the said suit for fresh consideration on merits.

(3.) ACCORDING to the revision petitioner, after the matter was transferred to the Small Cause Court, no summons or notice was served on the revision petitioner - tenant regarding the proceedings and therefore, revision petitioner had no opportunity to appear before the Small Cause Court and contest the proceedings. It is further urged that Small Cause Court without ensuring due service of summons on the revision petitioner - tenant proceeded to place the tenant ex -parte and passed an ex -parte decree dated 30.08.2014. Revision Petitioner, having come to know about the said decree passed ex -parte, filed Misc. No. 220/2014 seeking to set aside the ex -parte decree.