SANJAY BUILDERS AND DEVELOPERS Vs. SAI CONSTRUCTIONS

JUDGEMENT

(1.) Third defendant in O.S.No.130 of 2014 filed by the first respondent herein is calling in question the order dated 25.11.2016 made by the learned I-Additional Senior Civil Judge & CJM, Dharwad rejecting his application filed under Order VII, Rule 3 of CPC, 1908.

(2.) After service of notice, the contesting respondent No.1 has entered appearance through Prof. A.P. Murari, who opposes the writ petition.

(3.) Learned counsel for the petitioner contends that on the eventful day i.e., on 01.10.2016 it was only petitioner's another application filed under Order VII Rule 11 of CPC, 1908 was heard and that the application filed under Order VII Rule 3 of CPC was not heard at all; learned Judge without giving any reason has summarily rejected this application by the impugned order, whereby his another application filed under Order VII Rule 11, this Court has also been rejected. So contending, he seeks allowing of the writ petition.