High Court Kerala High Court

Mathew Abraham vs Jose Puthukkulathil on 29 September, 2008

Kerala High Court
Mathew Abraham vs Jose Puthukkulathil on 29 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28582 of 2008(C)


1. MATHEW ABRAHAM, S/O. ABRAHAM,
                      ...  Petitioner

                        Vs



1. JOSE PUTHUKKULATHIL, S/O. JOSEPH,
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/09/2008

 O R D E R
                            V. RAMKUMAR , J.
               ==========================
                        W.P.(C) No. 28582 of 2008
               ==========================
               Dated this the 29th day of September, 2008.

                               JUDGMENT

The petitioner who is the plaintiff in O.S. No. 308 of 2002 on the

file of the Munsiff’s court, Taliparamba which is a suit for realisation of

money, challenges Ext.P4 order dated 08.07.2008 passed by the said

court dismissing the restoration petition filed by the plaintiff.

2. The learned counsel appearing for the petitioner/plaintiff

would submit that his application was actually one filed under Order 9

Rule 4 C.P.C and that is why the petitioner has not filed an appeal

against Ext.P4 order.

3. Admittedly, the suit was not dismissed either under Rule 2 or

Rule 3 of Order 9 C.P.C so as to justify the filing of a petition under

Order 9 Rule 4 C.P.C. That is why the court below treated the

application filed under Order 9 Rule 4 C.P.C. as one filed under Order 9

Rule 9 C.P.C. The petitioner has got a right of appeal under Order 43

C.P.C. Therefore, without prejudice to the right of the petitioner to file

an appeal, this writ petition is dismissed.

Dated this the 29th day of September, 2008.

V. RAMKUMAR, JUDGE.

rv