B S BALAJI Vs. T GOVINDARAJU

JUDGEMENT

(1.) This is a revision under Section 18 of Karnataka Small Causes Court's Act, 1964 though wrongly, it has been mentioned to be under Section 115 of the Code of Civil Procedure. This revision arises from the order dated 6-9-1995 passed by Sri B.M. Angadi, Additional Judge, Small Causes, Bangalore City in Small Causes Suit No. 2949 of 1990 rejecting the applicant's application under Section 151 for being permitted to examine D.W. 2. The plaintiff-opposite party had filed a suit for recovery of money to the tune of Rs. 23,275/- alleging that the same had been borrowed by the first defendant in his capacity as the partner of the Maruti Trading Company. The defendant 2 filed a written statement challenging the plaintiff's case and taking the plea that the first defendant could not borrow money in the name of the firm without the consent of other partner and no consent of defendant 2 had ever been taken. The defendant 1 admitted the borrowing of the money as alleged in the plaint but he alleged that he borrowed the money for and on behalf of the company. The defendant 2 in such circumstances applied for permission to cross-examine the defendant 1 who had appeared in witness box as D.W. 2 particularly in the context of above fact and fact that the firm had been dissolved in the year 1987. The Trial Court had taken the view that the defendant 2 has given and made certain admission on during the cross-examination by the plaintiff and it cannot be said that the defendant 2 has got right to cross-examine him. Taking this view, the Trial Court held that in its considered opinion the defendant 2 had not made out a case on any of the ground permitting him to cross-examine D.W. 2 and on this Court, application under Section 151 of the Code of Civil Procedure, has been rejected. As mentioned earlier feeling aggrieved from the order of the Trial Court mentioned above, the defendant 2 has filed the revision in this Court describing the civil revision to be under Section 115.

(2.) I have heard Sri K.L. Manjunath, learned Counsel for revision petitioner and Sri G. Pappi Reddy learned Counsel for the respondent and applied my mind to their contentions.

(3.) Section 7 of the Code of Civil Procedure provides that provisions of the Code of Civil Procedure mentioned in that section and in Order 50 of the Code shall not apply to the proceeding and suits in Court constituted under Provincial Small Causes Courts Act or to Court exercising Small Causes Court's jurisdiction. Section 7 of the Civil Procedure Code reads as under: