K RAMALINGAM Vs. M V RAMANATHAN

JUDGEMENT

(1.) This petition is directed against the order dt. 26-5-1976 passed by the Principal 1 Munsiff, Bangalore, allowing I.A.-III filed under Order 26, Rule 9 r/w Sec. 151 CPC by the defendant in OS. 1782 of 1972 on his file. The prayer made in I.A.III and the impugned order read : Prayer made in I. A.-II :

(2.) The facts relevant for the disposal of this revision petition may briefly be stated: The petitioner is the plaintiff in that suit and the respondent is the defendant. The suit is for recovery of certain amounts said to be due from the respondent under two promissory-notes. The respondent is resisting the suit on more than one ground, and paras 2 & 3 of his written statement read thus :

(3.) It was contended by Sri N.S.Sathayanarana Guptha, learned Counsel for the petitioner that no opportunity was given to the petitioner to oppose I.A.-III and he was hot heard before passing the impugned order and besides it is not a speaking order, and in view of the report already submitted on comparison of the admitted and disputed signatures it was not proper to make the impugned order.