IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30404 of 2008(T)
1. K.P.ANIRUDHAN, S/O.DHANANJAYAN NAIR,
... Petitioner
Vs
1. N.C.VISWANATHAN, S/O.GOVINDAN NAIR,
... Respondent
For Petitioner :SRI.T.KRISHNANUNNI(SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :23/10/2008
O R D E R
THOMAS P. JOSEPH, J.
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W.P.(C) NO.30404 OF 2008
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Dated this the 23rd day of October, 2008
J U D G M E N T
Heard learned counsel for petitioner.
2. Petitioner/defendant suffered an ex-parte decree under
Order 8 Rule 10 of the Code of Civil Procedure, (for short, “the
Code”), which was on 31-1-2008. Petitioner states that since it
was a decree passed ex-parte, it could be treated as an order
under Order 9 Rule 13 of the Code. Accordingly, petitioner
submitted Exhibits P3 and P4 applications to set aside the “ex-
parte” decree and condone the delay in submitting that
application.
3. Grievance of the petitioner is that the said
applications were returned stating there was no ex-parte order.
Learned counsel for the petitioner submitted that learned Munsiff
had to hear petitioner on the applications and pass appropriate
W.P.(C) No.30404/2008
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orders which was not done. Learned counsel also submitted that
the original of Exhibits P3 and P4 are in the custody of the
petitioner since it was returned to him from the court. Learned
counsel prays that petitioner may be permitted to re-present the
original applications with a petition to condone delay.
4. If the original applications are properly represented
before the court, learned Munsiff will hear the petitioner, if
found necessary after giving notice to the respondent also and
pass appropriate orders on the applications. Petitioner is granted
ten (10) days’ time from today to re-present the applications in
that court.
With the above directions, this writ petition is closed.
Sd/-
THOMAS P. JOSEPH,
JUDGE
skr
// True copy //
P.A. to Judge.