G B SURESH Vs. G MAHESWARAPPA

JUDGEMENT

(1.) WHEN a statute confers power on the Munsiff to conduct the trial of the case as far as possible as per the provisions contained in the Code of Civil Procedure, then the election petition under Section 14 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, is liable to be dismissed for default for non-appearance or non-prosecution as well as restored if sufficient cause is shown, if it has been dismissed for default. In the instant case, the order of dismissal for default or non-prosecution has been recalled and the petition restored to file and proceeded with accepting the reasons given for the absence of the petitioner and his counsel on the relevant date. If the Court is satisfied about the sufficiency of cause shown, this Court, in its revisional jurisdiction, will not substitute its opinion as to the sufficiency of cause. That must be left to the Court, which has exercised the jurisdiction originally. This revision petition is mis-conceived. Hence, it is dismissed.