High Courts(1988) 07 KAR CK 0032

G.B. Suresh vs Sri G. Maheswarappa and Others

Karnataka High Court · Decided on 12 July 1988 · Citation: (1989) 1 KarLJ 13

HON’BLE JUDGES
M. P. Chandrakantharaj Urs, J
CASE NUMBER
Civil Revision Petition: 3385 of 1988

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Judgment

2 paragraphs · 173 words

CHANDRAKANTHARAJ URS, J.-When a statute confers power on the Munsiff to conduct the trial of the case as far as possible as per the provisions contained in the Code of Civil Procedure, then the election petition under Section 14 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, is liable to be dismissed for default for non-appearance or nonprosecution as well as restored if sufficient cause is shown, if it has been dismissed for default. In the instant case, the order of dismissal for default or non-prosecution has been recalled and the petition restored to file and proceeded with accepting the reasons given for the absence of the petitioner and his counsel on the relevant date. If the Court is satisfied about the sufficiency of cause shown, this Court, in its revisional jurisdiction, will not substitute its opinion as to the sufficiency of cause. That must be left to the Court, which has exercised the jurisdiction originally. This revision petition is mis-conceived.

2.

Hence, it is dismissed.