Jeevankumar vs N.Gopakumaran Nair on 2 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 33 of 2000(B)



1. JEEVANKUMAR
                      ...  Petitioner

                        Vs

1. N.GOPAKUMARAN NAIR
                       ...       Respondent

                For Petitioner  :SRI.G.S.REGHUNATH

                For Respondent  :SRI.K.B.PRADEEP

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :02/11/2010

 O R D E R
                     M.N. KRISHNAN, J.
                 ...........................................
                        A.S.NO.33 OF 2000
                 .............................................
          Dated this the 2nd day of November, 2010.

                        J U D G M E N T

This is an appeal preferred against the judgment and

decree of the 1st Additional Subordinate Judge’s Court,

Thiruvananthapuram in O.S.No.542/1992. The suit is one

for compensation for libellous publication. An article

published in the Malayalam daily “Thaniniram” is the

subject matter for this defamatory suit. Unfortunately the

first defendant moved an application for adjournment and

the trial court dismissed that application. Thereafter it

proceeded to pass judgment in the absence of evidence of

the first defendant after setting him ex-parte. He moved an

application for setting aside the ex-parte decree against

him which was also dismissed for default.

Now the subject matter requires serious attention. It

is true that there are laches on the part of the first

defendant. But interest of justice requires that an

opportunity has to be given to him. Unfortunately one

defendant has contested the suit and the other defendant

has not contested the suit. It is a joint case where one

depends on the other. So it has become necessary for this

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A.S.NO.33 OF 2000

Court to set aside the entire judgment decree and direct the

trial court to proceed after affording opportunity to all

concerned to produce both documentary as well as oral

evidence in support of their respective contentions and then

dispose of the matter in accordance with law. For the laches

the first defendant has to pay a cost of Rs.3,000/= to the

plaintiff. If the said amount is paid on or before 4.12.2010

and a receipt is produced, the court can restore the case

back to file and proceed with the matter as stated above. In

any event the payment is not accepted, the appellant herein

is at liberty to deposit the amount before the trial court.

Being an old matter expeditious attempt shall be made to

dispose of the case. The first defendant shall also take out

notice to the second defendant so that he can also be heard

in the matter. If the amount is not paid or deposited within

the stipulated time, this appeal will stand automatically

dismissed without any further orders. Parties are directed to

appear before the trial court on 4.12.2010.

M.N. KRISHNAN, JUDGE.

cl

: 3 :
A.S.NO.33 OF 2000

M.N. KRISHNAN, J.

…………………………………….
A.S.NO.33 OF 2000
………………………………………
2nd day of November, 2010.

J U D G M E N T