Cochin Corporation vs Vasudevan K. Panthalath on 11 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14648 of 2005(R)


1. COCHIN CORPORATION,
                      ...  Petitioner

                        Vs



1. VASUDEVAN K. PANTHALATH, AGED 57 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.V.S.CHANDRASEKHARAN, SC.COCHIN CORP

                For Respondent  :SRI.P.J.JOSEPH PANIKKASSERY

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :11/08/2008

 O R D E R
                     M.SASIDHARAN NAMBIAR, J.
                       ...........................................
                     WP(C).No. 14648                 OF 2005
                       ............................................
         DATED THIS THE             11th       DAY OF AUGUST, 2008

                                  JUDGMENT

This petition is filed under Article 227 of Constitution of India

challenging Ext.P3 order whereunder Munsiff, Ernakulam dismissed

two petitions filed by petitioner, defendant in the suit. One petition

was under Section 5 of Limitation Act to condone the delay of 44 days

and the other petition under Rule 1 of Order XLVII of Code of Civil

Procedure to review the earlier order passed by Munsiff setting the

petitioner exparte. Under Ext.P3 order, learned Munsiff dismissed

both applications.

2. Learned counsel appearing for respondent pointed out that

subsequently an exparte decree was passed.

3. Learned counsel appearing for petitioner also admitted

that subsequent to the filing of the writ petition, an exparte decree

was passed. When an exparte decree is passed, remedy of the

petitioner is to challenge the exparte decree either by filing a petition

under Rule 13 of Order IX of Code of Civil Procedure to set aside the

exparte decree or to file an appeal.

With that liberty, petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-