Ramesh vs P.Omana on 20 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18566 of 2008(I)



1. RAMESH
                      ...  Petitioner

                        Vs

1. P.OMANA
                       ...       Respondent

                For Petitioner  :SRI.RENJITH B.MARAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :20/06/2008

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
           W.P.(C) NO. 18566    OF 2008
            ===========================

       Dated this the 20th day of June, 2008

                     JUDGMENT

Petitioner is the defendant and respondent the

plaintiff. An ex parte decree was passed against

the petitioner. Petitioner filed an application

under Rule 13 of Order IX of Code of Civil

Procedure to set aside the ex parte decree. It

was allowed on payment of cost, which is to be paid

within fifteen days. Petitioner did not pay the

cost within the period and filed an application to

enlarge the time. Learned Munsiff dismissed the

application and consequently dismissed the

application filed under Rule 13 of Order IX as cost

was not paid. This petition is filed under Article

227 of the Constitution of India challenging that

order.

2. What is being challenged by the petitioner

is the dismissal of the application filed under

Rule 13 of Order IX. When an appeal is provided

W.P.(C)18566/2008 2

under Order XLIII Rule (1)(d) of the Code remedy

of the petitioner is to file an appeal and not to

approach this court under Article 227.

Writ Petition is dismissed with liberty to the

petitioner to challenge the order by filing an

appeal as provided under Order XLIII Rule 1(d) of

Code of Civil Procedure.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006