IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 161 of 2010()
1. CHANDRAN PILLAI, SANTHA SADANAM,
... Petitioner
2. RETNAMMA, PARIYIDATHU VEEDU,
Vs
1. DILEEP KUMAR @ DILEEP BALAKRISHNA PILLAI
... Respondent
2. BALAKRISHNA PILLAI, KALICKAL DILEEP
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :01/07/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN
& S.S.SATHEESACHANDRAN, JJ.
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C.M.Appln No.1020 of 2010
& F.A.O.No.161 of 2010
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Dated this the 1st day of July, 2010
JUDGMENT
THOTTATHIL B.RADHAKRISHNAN, J.
Plaintiffs, in a suit for recovery of money,
are the appellants. The suit was dismissed for default.
An application for restoration, with an application to
condone delay was filed. Thereafter, when those
applications were taken up, there was no appearance
for the plaintiffs. Accordingly, that was also
dismissed. The plaintiffs have filed this appeal against
those orders with an application to condone delay of
92 days in instituting this appeal.
2. Though the plaintiffs attribute the
reason for lack of appearance before the court below
to the inability of their counsel to appear on that day
owing to his hospitalisation, we are clear in our mind
that an application for restoration, when dismissed for
F.A.O.No.161 of 2010
:: 2 ::
default, can be sought to be restored invoking Order IX
Rule 9, read with Section 141 of the Code of Civil
Procedure, if needed with a petition under Section 5 of
the Limitation Act.
Under such circumstances, we do not deem it
necessary to entertain this C.M. Application and FAO.
Without prejudice to the right of the appellants to file an
application in terms of Order IX Rule 9 read with Section
141 of the Code of Civil Procedure along with a petition
under Section 5 of the Limitation Act, in accordance with
law, before the court below, this C.M. Application and
FAO are dismissed.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN)
JUDGE
Sd/-
(S.S.SATHEESACHANDRAN)
JUDGE
sk/
//true copy//
P.S. to Judge.