K V SHETTY Vs. WOODBRIER ESTATES LIMITED

JUDGEMENT

(1.) THIS Original Side Appeal is directed by the appellant/plaintiff as against the Judgment and Decree dated 28.03.2001 passed by the learned single Judge in C.S.No.878 of 1987.

(2.) THE learned single Judge in his Judgment dated 28.03.2001 in C.S.No.878 of 1987 has inter-alia observed that 'the appellant/plaintiff is not entitled to the reliefs claimed for and that the suit is misconceived and accordingly, dismissed the suit with costs of defendants 1,2 and 4/respondents 1,2 and 4'. Aggrieved against the Judgment and Decree dated 28.03.2001 passed by the learned single Judge in C.S.No.878 of 1987, the plaintiff as appellant has preferred this appeal.

(3.) ACCORDING to the learned counsel for the appellant/ plaintiff, the Judgment and Decree dated 28.03.2001 passed by the learned single Judge in C.S.No.878 of 1987 suffers from material irregularity and that the same is contrary to law and evidence and that the suit has not been decided on the basis of evidence and contentions raised and that the learned single Judge has not taken into consideration the evidence of P.W.1 (appellant/plaintiff) and that in the absence of any oral evidence on the part of defendants/ respondents, an adverse inference ought to have been drawn against the respondents/defendants and that the evidence of P.W.1 ought to have been accepted by the learned single Judge and that no finding has been given on each and every issue and therefore, there has been a miscarriage of justice.