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CASE NO.: Appeal (civil)  1584 of 2008

PETITIONER: Arundhati @ Harshana

RESPONDENT: Iranna @ Veerendra

DATE OF JUDGMENT: 25/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO 1584 OF 2008 [ Arising out of SLP [C] No.2051 of 2007 ]

1.      Delay condoned. 2.      Leave granted. 3.      This appeal is directed against the judgment and order  dated 22nd of September, 2006 of the High Court of  Karnataka at Bangalore in MFA No.1741 of 2006, whereby  the High Court had dismissed the first appeal which was to  be decided on facts and law. 4.      A suit was filed by the wife \026 appellant for divorce on  the ground of cruelty and desertion.  The suit was dismissed  and a first appeal was carried to the High Court.  By the  impugned judgment the High Court had dismissed the appeal  at the admission stage without calling for the records and  without admitting it. 5.      We have heard the learned counsel for the parties and  examined the judgments of the High Court as well as of the  trial court and other materials on record.  In our view the  High Court had erred in dismissing the first appeal at the  admission stage itself without issuing notice to the  respondent and without looking into the evidence and other  materials on record and also without considering the  proprietary of the findings made by the trial court.   Accordingly, the judgment of the High Court is set aside and  the appeal is remitted back to the High Court for fresh  determination by passing a reasoned order in accordance with  law after serving notice on the respondent and taking into  consideration the entire materials on record including the oral  and documentary evidence. 6.      For the reasons aforesaid, the appeal is allowed to the  extent indicated above.  There will be no order as to costs.