High Court of Karnataka Allows Appeal in Restoration of Suit Case — Defendant No.1 Succeeds in Setting Aside Appellate Decree. First Appellate Court Erred in Reversing Trial Court's Dismissal of Suit Without Proper Consideration of Evidence and Limitation Issues.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 14:08:07

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Case Note & Summary

The case involves a Miscellaneous Second Appeal filed by Defendant No.1 against the judgment and decree dated 08.02.2019 passed in R.A.No.03/2009 by the Prl. Senior Civil Judge and JMFC, Madhugiri, which allowed the appeal and set aside the judgment and decree dated 22.11.2008 in O.S.No.96/2000 passed by the Civil Judge (Jr.Dn.) and JMFC, Koratagere. The original suit was filed by the plaintiff (respondent No.1) seeking declaration and injunction. The trial court dismissed the suit. The first appellate court reversed the dismissal and decreed the suit. The appellant, being Defendant No.1, challenged this reversal. The High Court heard arguments from both sides. The court noted that the first appellate court had not properly considered the evidence and had reversed the trial court's findings without adequate reasoning. The High Court found that the appellate court's decision was perverse and not based on the evidence on record. Consequently, the High Court allowed the appeal, set aside the judgment of the first appellate court, and restored the trial court's judgment dismissing the suit. The court also observed that the suit was barred by limitation and the plaintiff had failed to explain the delay.

Headnote

A) Civil Procedure - Restoration of Suit - Order 43 Rule 1 CPC - Appeal against reversal of dismissal - The appellant challenged the appellate judgment that set aside the trial court's dismissal of the suit for default. The High Court held that the first appellate court had erred in reversing the trial court's findings without proper consideration of evidence and limitation issues. (Paras 2-10)

B) Limitation - Suit for Declaration and Injunction - Delay and Laches - The suit was filed after a long delay and the plaintiff failed to explain the delay. The trial court had dismissed the suit on merits, but the appellate court reversed it. The High Court found that the appellate court's decision was perverse and not based on evidence. (Paras 5-8)

C) Evidence - Appreciation of Evidence - Appellate Court's Duty - The first appellate court failed to appreciate the evidence on record and reversed the trial court's judgment without proper reasoning. The High Court set aside the appellate judgment and restored the trial court's dismissal. (Paras 9-10)

Issue of Consideration

Whether the first appellate court was justified in reversing the trial court's judgment dismissing the suit for non-prosecution and whether the appeal under Order 43 Rule 1 CPC was maintainable.

Final Decision

The High Court allowed the appeal, set aside the judgment and decree dated 08.02.2019 in R.A.No.03/2009, and restored the judgment and decree dated 22.11.2008 in O.S.No.96/2000 dismissing the suit.

Law Points

Order 43 Rule 1 CPC
Restoration of Suit
Limitation
Appellate Court's Power to Reverse Findings
Suit for Declaration and Injunction

Case Details

NC: 2024:KHC:34377

Miscellaneous Second Appeal No.24 of 2019 (RO)

2024-08-27

V Srishananda

NC: 2024:KHC:34377

Sri G S Venkat Subbarao for appellant, Sri Harish H.V. for respondent No.1

H Mahadev

Smt. K N Rajamma (since dead by LRs) and others

Nature of Litigation

Civil appeal against reversal of trial court's dismissal of suit for declaration and injunction.

Remedy Sought

Appellant (Defendant No.1) sought to set aside the appellate judgment that decreed the suit.

Filing Reason

The first appellate court reversed the trial court's dismissal of the suit without proper consideration of evidence and limitation.

Previous Decisions

Trial court dismissed the suit in O.S.No.96/2000 on 22.11.2008; first appellate court allowed appeal in R.A.No.03/2009 on 08.02.2019, setting aside dismissal and decreeing the suit.

Issues

Whether the first appellate court was justified in reversing the trial court's judgment dismissing the suit. Whether the appeal under Order 43 Rule 1 CPC was maintainable.

Submissions/Arguments

Appellant argued that the first appellate court erred in reversing the trial court's findings without proper appreciation of evidence and limitation. Respondent supported the appellate judgment.

Ratio Decidendi

The first appellate court's reversal of the trial court's dismissal was perverse and not based on evidence; the appellate court failed to consider limitation and evidence properly.

Judgment Excerpts

Heard Sri G.S.Venkat Subbarao, learned counsel for the appellant and Sri Harish H.V., learned counsel for respondent No.1. Defendant No.1 is in appeal challenging the Judgment passed in R.A.No.3/2009 dated 08th February 2019... Facts in brief which are utmost necessary for disposal of the appeal are as under:

Procedural History

Suit O.S.No.96/2000 filed by plaintiff for declaration and injunction was dismissed by trial court on 22.11.2008. Plaintiff appealed in R.A.No.03/2009, which was allowed on 08.02.2019, setting aside dismissal and decreeing suit. Defendant No.1 filed this Miscellaneous Second Appeal under Order 43 Rule 1 CPC.