High Court Kerala High Court

K.V.Rao vs P.V.Oomen on 25 June, 2010

Kerala High Court
K.V.Rao vs P.V.Oomen on 25 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 142 of 2002(E)


1. K.V.RAO, M/S. SPLENDOURS 3/6/454,
                      ...  Petitioner

                        Vs



1. P.V.OOMEN, AGED 55 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.G.SASIDHARAN CHEMPAZHANTHIYIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :25/06/2010

 O R D E R
                       M.N. KRISHNAN, J.
                   ...........................................
                         A.S.NO.142 OF 2002
                   .............................................
             Dated this the 25th day of June, 2010.

                          J U D G M E N T

This is an appeal preferred against the judgment and

decree of the Second Additional Subordinate Judge’s Court,

Trivandrum in O.S.No.1386/1994. The suit is one for

realisation of amount on account of dishonouring of a cheque.

It is the case of the plaintiff that the defendant had issued a

cheque in favour of the plaintiff for Rs.25,000/= which when

presented for encashment, returned with the endorsement

‘insufficiency of funds’ and in spite of notice the amount is

not paid, hence the suit.

2. The defendant had denied the same and he had

filed a counter claim. Though the plaintiff’s evidence was

over, at the stage of the defence evidence, he absented

himself from the court and therefore the court setting him

ex parte, granted a decree in favour of the plaintiff and

dismissed the counter claim. It is against the granting of a

decree in the suit, the defendant has come up in appeal.

3. After hearing the learned counsel for the appellant, I

am inclined to grant an opportunity to the defendant to

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A.S.NO.142 OF 2002

adduce evidence and substantiate his contention with

respect to the suit claim. The court below should have

granted him an opportunity and not doing of the same, had

resulted injustice to him and therefore, the judgment and

decree of the trial court are set aside and the mater is

remitted back to the trial court with a direction to permit both

the parties to adduce further evidence in support of their

respective contentions and let the matter be disposed of in

accordance with law thereafter. Parties are directed to

appear before the trial court on 27.7.2010.

Disposed of accordingly.

M.N. KRISHNAN, JUDGE.

cl

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A.S.NO.142 OF 2002

M.N. KRISHNAN, J.

…………………………………….
A.S.NO.142 OF 2002
………………………………………
25th day of June, 2010.

J U D G M E N T