IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 49 of 2011()
1. BETTLAL PAUL & ANOTHER
... Petitioner
Vs
1. P.S.JOSEPH & ANOTHER
... Respondent
For Petitioner :SRI.ALEX.M.SCARIA
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/01/2011
O R D E R
K.T.SANKARAN, J.
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C.R.P.No.49 OF 2011
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Dated this the 25 day of January, 2011
ORDER
The petitioners, who are defendants 2 and 3 in
O.S.No.399 of 2007 on the file of the Court of the
Principal Subordinate Judge, Kottayam, challenges
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the order dated 29 November, 2010 in I.A.No.1250
of 2010, by which the court below allowed the
application under Rule 9 Order IX of the Code of
Civil Procedure and that too on a cost of
Rs.3,000/-.
2. The suit was posted to 18.3.2010. The
plaintiff was working in Bombay. He was not
present before court on that date. The suit was
dismissed for default. He filed application for
restoration of the suit within time. The court
below held that the medical certificate produced by
him could not be relied on. It was held that the
plaintiff has not shown that there was sufficient
C.R.P.No.49 OF 2011 2
cause for his absence on 18.3.2010. However,
taking into account the totality of the
circumstances of the case, the court below allowed
the application on costs of Rs.3000/-. The court
below thought that an opportunity should be
afforded to the plaintiff to prosecute his case on
the merits. There was no delay at all on his part
in making the application. The court below
exercised discretion in favour of the plaintiff.
There is no ground to interfere with the exercise
of discretion.
The Civil Revision Petition is, accordingly,
dismissed.
K.T.SANKARAN,
JUDGE.
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