HOLABASAPPA TIPPANNA KUNDGOL Vs. RAMANAGOUDA SIDDANGOUDA PATIL

JUDGEMENT

(1.) Petitioner is the defendant in OS No.104 of 2008. The said suit has been filed by respondent -plaintiff seeking recovery of a sum of Rs.1,65,000.00 with interest at the rate of 18% per annum.

(2.) During the pendency of the said suit, an application was filed under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for the sake of brevity) seeking setting aside of order dated 07.11.2015 so as to permit the petitioner herein to examine himself as DW-1 and to be cross-examined. The said application has been dismissed by order dated 13.12.2016. Being aggrieved, defendant has preferred this writ petition.

(3.) I have heard learned counsel for the petitioner and perused the material on record.