IN THE COURT OF THE III ADDL.

CITY CIVIL & SESSIONS

JUDGE, BENGALURU CITY (CCH No.25).

Dated: This the 1st day of April, 2023.

Present: Sri. SUNITHA S.G., B.Sc., LLB.,

III Addl.City Civil & Sessions Judge,
Bengaluru.

Misc. No.25/2020
Petitioner Ryan International School,
Behind Hindustan Lever Ltd.
Opp. To AECS Layout, Kundalahalli,
M.H. Colony, Bengaluru – 560037,
rep. By its chief Administrator
Mr. Narayan K.Hegde

V/S
Respondent Ramesh. M,
aged 49 years, S/o. Muniswamy,
resident of Immidahalli,
Whitefield,
Bengaluru – 560066.

FINAL ORDER

The petitioner has filed this Petition under

Order 9 Rule 4 R/W Section 151 of C.P.C. to set
aside the order dated 04/11/2019 passed by the
City Civil Judge, Bengaluru, dismissing Mis.
No.528/2019 for non prosecution and restore the
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said Misc. Petition to its original file, in the interest

of justice and equity.

2) The brief facts of the case of the

petitioner is as follows;
The petition is the plaintiff in O.S
No.5783/2017, as well as the petitioner in Misc.
No.528/2019. The respondent is the defendant in
the said suit as well as in the Misc. petition. The
Misc. Petition No.528/2019, had been filed to set
aside the order dated 29/06/2018, passed by the
City Civil Judge, dismissing O.S No.5783/2017, for
non prosecution and to restore the said suit to its
original file. After filing of the Misc. Petition, notice
was ordered to the respondent on 07/07/2019,
and the Misc. Petition posted to 01/08/2019 to
await service of notice on the respondent. The
notice ordered to the respondent was returned on
the ground that the address of the respondent, as
furnished in the Misc. petition was insufficient. The
Misc. petition thereafter came to be posted on
04/11/2019, for taking steps to the respondent.
On 04/11/2019, their counsel could not be present
at the time of calling out. The court, in view of non
taking of steps, dismissed the Misc. petition for
non prosecution.
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Further submits that, they had requested

their counsel to take some time, as they had to
make enquiries in the village, where the
respondent was residing, to ascertain his correct
address, since the respondent who was earlier
employed with the petitioner had since left
service and was gainfully employed elsewhere.
The non taking of steps on 04/11/2019 and non
appearance was on account of the fact that they
were unable to obtain the correct and full address
of the respondent. The non appearance on behalf
of the petitioner and non taking of steps is for the
reasons stated above and the same is
unintentional. The petitioner is an educational
institution and the suit was for recovery of money
and substantial court fee had been paid. The
petitioner has a good case on merits and if the
order dated 04/11/2019, dismissing Misc. No.
528/2019, is not set aside, great hardship and
injury would result to the petitioner. The petitioner
regrets the inconvenience caused to this court.
Limitation : The Misc. No.528/2019 was
dismissed on 04/11/2019 for non prosecution and
the certified copy of the order was received by the
counsel & the above Misc. petition filed this day is
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beyond the period of limitation and an application

for condonation of delay in preferring the Misc.
petition is filed.

4) Inspite of service of Notice, the

Respondent remained absent. Hence case was
posted for orders.
5) The Points that arise for consideration
are as follows:

1. Whether the petitioner has made

grounds for allowing the Petition?

2. What Order?

6) The Petitioner has examined himself as

P.W.1, and got 1 documents exhibited.

7) Heard Learned Advocate for Petitioner.

8) The answers to the above Points are:

Point No.1 – In the Negative

Point No.2 – As per Final Order,
for the following:

REASONS
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9) POINT NO.1: Petitioner, in order to

prove his case through his agent stepped into the
witness box and got examined as PW1 and he
filed his Affidavit in lieu of oral evidence, wherein
he reiterated the plaint averments and in order to
corroborate his testimony, got produced, in
support of his claim, 1 documents marked as per
Exs.P1. In this suit petitioner has put forth Ex.P1 is
the certified copy of order sheet in Misc
No.528/2019. It is seen from EXp1 that case was
posted to 29.8.2019 from 01.08.2019 for steps as
summons was not served due to want of detailed
address. From 29.08.2019 it was adjourned for
steps to 04.11.2019 as last chance to take steps
and on 04.11.2019 as there was no representation
by the petitioner or his counsel when case was
again called at 3.18 pm noting that” from
01.08.2019 case is for steps and no steps taken
by the petitioner and this was the fourth date and
even today there is no representation suit was
dismissed for non prosecution. Hence contention
of petitioner from 01.08.2019 case was posted to
04.11.2019 and it was dismissed holds no water
and shows that petitioner has not appeared
before this court with clean hands. Further his
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reason that his counsel was held up in another

court is not a justified cause as even when case
was called out at 3.18 PM there was no
representation. Further he was not able to
ascertain the correct address of respondent is also
not justified as he was given sufficient opportunity
to take steps. The reason for condonation of
delay that he could not trace out the correct
address of the respondent is also not justified.
Hence, for the above reasons, Point No.1 is
answered in the Negative.
10) Point No.2 : For the aforesaid reasons,
this Court proceeds to pass the following:

ORDER

The Petition filed by the Petitioner under

Order 9 Rule 4 R/W Section 151 of CPC is
hereby dismissed.

(Dictated to the Stenographer transcription

computerized, then corrected and pronounced by me
in Open Court on this the 1st day of April, 2023.)

(SUNITHA S.G )
III Addl. City Civil & Sessions Judge,
Bengaluru.
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ANNEXURE

List of witness examined for the petitioners:

P.W.1 - Ryan International School

List of documents exhibited for the petitioners:

Ex.P1 – Certified Copy of Order Sheet in

Misc.No.528/2019

List of witness examined and

documents exhibited for the respondents:

Nil

(SUNITHA S.G.)
III Addl. City Civil & Sessions Judge,
Bengaluru.