High Court Kerala High Court

Mathew James.K. vs Santhosh K.Thomas on 24 July, 2008

Kerala High Court
Mathew James.K. vs Santhosh K.Thomas on 24 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RFA.No. 488 of 2008()


1. MATHEW JAMES.K., S/O.K.M.MATHAI,
                      ...  Petitioner

                        Vs



1. SANTHOSH K.THOMAS, AGED 42 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.GEORGE VARGHESE (MANACHIRACKEL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :24/07/2008

 O R D E R
                         PIUS.C.KURIAKOSE, J.
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                            R.F.A.No. 488 OF 2008
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                     Dated this the 24th day of July, 2008

                                  JUDGMENT

The grievance of the appellant plaintiff is that even though his

suit which was for recovery of Rs.7,80,500/- with interest was decreed

by the learned Subordinate Judge, the learned Judge did not award cost.

A substantial amount had been expended by the appellant towards

court fees as well as Advocate fees. My attention was drawn by

Sri.George Varghese, learned counsel for the appellant to section 35(2)

of the Civil Procedure Code and it was submitted that the judgment is

silent regarding the cost of the suit.

Having regard to Sub section 2 of Section 35, the ground raised

in the memorandum of appeal is apparently meritorious. At the same

time, I feel that the petitioner could have moved the learned Sub Judge

himself invoking his powers under Section 152 since it is probable that

failure to award cost in this case is result of a mistake arising from an

accidental slip or omission. Accordingly, I dismiss the appeal

inlimine., however, giving liberty to the appellant to apply to the court

R.F.A.No.488/08 2

below under Section 152 of the Civil Procedure Code. If the appellant

files an application for amendment of the judgment and decree

invoking section 152 of the CPC or any other apposite provisions, the

learned Subordinate Judge will entertain that application and dispose of

the same at the earliest in the light of the observations made herein

above.

PIUS.C.KURIAKOSE
JUDGE

sv.

R.F.A.No.488/08 2