PADMA GOWDA Vs. YUVARAJA HEGDE

JUDGEMENT

(1.) The petitioner instituted Civil Suit No. 3 of 1956 in the Kabaka Panchayat Court in the District of South Kanara, against the respondent and obtained a decree against him for a sum of Rs. 85-4-0. Against that decree, the respondent presented a revision petition under section 73 of the Madras Village Courts Act, to the District Munsiff of Puttur. That revision petition was allowed and the decree made by the Panchayat Court was set aside. Meanwhile, in S. E. P. 268 of 1958, in the Court of the District Munsiff to whom the decree had been transmitted for execution, the decretal amount was recovered from the respondent.

(2.) When the proceedings went back to the Court of the Village Panchayat as a result of the order made by the District Munsiff in revision, the petitioner made a statement to the panchayat Court that he would not press his suit which was accordingly dismissed.

(3.) After the reversal of the decree of the panchayat Court by the District Munsiff the respondent made an application under S. 144 of the Code of Civil Procedure, to the District Munsiff for restitution. The petitioner contended that the application under S. 144 of the C.P.C., was not maintainable. By an extremely perfunctory order, the District Munsiff overruled that objection, without stating any reasons supporting his conclusion that the objection had to be overruled.