PADMA Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) THIS civil revision petition under Section 115 of the Code of Civil Procedure is against the order dated 31-8-2006 passed in Misc. No. 200 of 2004 on the file of the XVI Addl. City Civil and Sessions Judge, bangalore City, whereunder the learned Judge of the city civil Court has rejected the Misc. No. 200 of 2004 which had been filed under order IX, Rule 4 of the Code of Civil Procedure for setting aside the earlier dismissal of the suit on 26-5-2003 in OS No. 2413 of 2001 wherein the petitioners figured as plaintiffs for non-prosecution and particularly by rejecting the application that had been filed in Misc. No. 200 of 2004 under Section 5 of the Limitation Act seeking condonation of delay in preferring the Miscellaneous petition, which application had been dismissed and consequently the miscellaneous petition also dismissed.

(2.) THE dismissal of the application for condonation of delay and the Miscellaneous petition under the impugned order forecloses the option of the petitioners-plaintiffs in the suit and the suit which had been filed claiming damages against two defendants becomes final and it is because of such reason, the present revision petition under Section 115 of the Code of Civil Procedure.

(3.) NOTICE had been issued to the respondents on the civil revision petition regarding admission. While respondent No. 1 is represented by Sri S. R. Shivaprakash, learned counsel, respondent No. 2 is represented by sri Somasundara Dixit, learned counsel.