SHIVAMURTHI MALLAYYA SWAMI Vs. MAHADEV UMARANE

JUDGEMENT

(1.) In this Civil Revision Petition under Section 115 of the Code of Civil Procedure (the Code for short), the Judgment and Decree dated 15-12-1984 passed by the Additional Civil Judge, Chikodi, in R.A.No. 80/84 on his file, confirming the Judgment and Decree dated 13-7-1984 passed by the Additional Munsiff, Chikodi, in O.S. No. 256/78 is challenged. The prayer is to set aside the Judgment and Decree dated 15-12-1984 in RA.No. 80/84, confirming the Judgment and Decree in O.S. No.256/78 and to dismiss the suit.

(2.) The Civil Revision Petition is before us on a Reference made under Section 8 of the Karnataka High Court Act, by a Single Judge.

(3.) The question involved in the matter is : Whether the decree passed by the Court of the Additional Civil Judge, Chikodi, in R.A. No. 80/84, confirming the decree in O.S. No. 256/78 passed by the Additional Munsiff, Chikodi, in contravention of Section 9 of the Karnataka Small Cause Courts Act, 1964 (hereinafter referred to as the small Cause Courts Act) as amended from time to time, is a nullity?