IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1549 OF 2020
AGAINST THE ORDER IN IA 1080/2018 IN OS 60/2016 OF SUB COURT,
OTTAPALAM
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PETITIONER/RESPONDENT IN IA 1080/2018 IN OS 60/2016:
C. RAMKUMAR
AGED 54 YEARS
S/O. CHANGARATH AMBUJAKSHI AMMA, THRIKKANGODU
AMSOM, MANISSERI DESOM, OTTAPLAM TALUK - 676123.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENT/PETITIONER IN IA 1080/2018 IN OS 60/2016:
K.R. JAYARAMKUMAR
AGED 60 YEARS
S/O. MUSALIPATHATHU KOTTAYI LANE RAMA GUPTHAN,
KULAPPADAM DESOM, KUMARAPUTHUR VILLAGE,
MANNARKKAD TALUK - 691576.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1549 of 2020
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Dated this the 7th day of January, 2021
JUDGMENT
An order restoring the suit which was dismissed for default, is under challenge by the defendant.
2. Heard Sri.Praveen K. Joy, learned counsel for the petitioner.
3. The suit is one for recovery of money. On the date when the suit was listed for trial, consequent to the non-appearance of the plaintiff, the suit was dismissed for default. The petitioners sought for restoration in terms of Order IX Rule 9 CPC within the period of limitation. The plaintiff contended that he had sprained his leg and was advised rest by the Doctor consequent to which he was not in a position to appear before the court. He produced a medical certificate and prescription which are marked as Exts.A1 and A2.
4. The trial court was convinced about the explanation offered and exercised its discretion to have the suit restored back to file. I am unable to O. P. (C) No.1549 of 2020 :- 2 :-
find any illegality or error of jurisdiction in the order impugned, warranting interference. The original petition fails and is accordingly dismissed. The suit is of the year 2016. The trial court shall expedite the trial of the suit.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF OP(C) 1549/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 07.07.2018 IN OS 60/2016 OF SUB COURT, OTTAPALAM.
EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGE OF THE PROCEEDINGS IN E-COURTS OF OS 60/2016 DATED 28.05.2018 OF SUB COURT, OTTAPALAM. EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE PROCEEDINGS IN E-COURTS OF OS 60/2016 OF SUB COURT, OTTAPALAM.
EXHIBIT P4 THE TRUE COPY OF THE PLAINT IN OS NO.60/2016 DATED 05.03.2014 OF SUB COURT, OTTAPALAM.
EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT DATED 25.05.2016 IN TOP 104.2016 OF DISTRICT COURT, PALAKKAD.
EXHIBIT P6 THE TRUE COPY OF THE AFFIDAVIT DATED 07.07.2018 IN OS 60/2016 BEFORE SUB COURT, OTTAPALAM.
EXHIBIT P7 THE TRUE COPY OF THE IA 1080/2018 IN OS NO.60/2016 DATED 25.07.2018 OF SUB COURT, OTTAPALAM.
EXHIBIT P8 THE TRUE COPY OF THE OBJECTION IN IA 1080/2018 IN OS 60/2016 OF SUB COURT, OTTAPALAM DATED 2.10.2018.
EXHIBIT P9 THE TRUE COPY OF THE ORDER IN IA 1080/2018 IN OS 60/2016 DATED 29.02.2020 OF SUB COURT, OTTAPALAM.
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