IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 142 of 2002(E)
1. K.V.RAO, M/S. SPLENDOURS 3/6/454,
... Petitioner
Vs
1. P.V.OOMEN, AGED 55 YEARS,
... Respondent
For Petitioner :SRI.G.SASIDHARAN CHEMPAZHANTHIYIL
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/06/2010
O R D E R
M.N. KRISHNAN, J.
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A.S.NO.142 OF 2002
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Dated this the 25th day of June, 2010.
J U D G M E N T
This is an appeal preferred against the judgment and
decree of the Second Additional Subordinate Judge’s Court,
Trivandrum in O.S.No.1386/1994. The suit is one for
realisation of amount on account of dishonouring of a cheque.
It is the case of the plaintiff that the defendant had issued a
cheque in favour of the plaintiff for Rs.25,000/= which when
presented for encashment, returned with the endorsement
‘insufficiency of funds’ and in spite of notice the amount is
not paid, hence the suit.
2. The defendant had denied the same and he had
filed a counter claim. Though the plaintiff’s evidence was
over, at the stage of the defence evidence, he absented
himself from the court and therefore the court setting him
ex parte, granted a decree in favour of the plaintiff and
dismissed the counter claim. It is against the granting of a
decree in the suit, the defendant has come up in appeal.
3. After hearing the learned counsel for the appellant, I
am inclined to grant an opportunity to the defendant to
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A.S.NO.142 OF 2002
adduce evidence and substantiate his contention with
respect to the suit claim. The court below should have
granted him an opportunity and not doing of the same, had
resulted injustice to him and therefore, the judgment and
decree of the trial court are set aside and the mater is
remitted back to the trial court with a direction to permit both
the parties to adduce further evidence in support of their
respective contentions and let the matter be disposed of in
accordance with law thereafter. Parties are directed to
appear before the trial court on 27.7.2010.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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A.S.NO.142 OF 2002
M.N. KRISHNAN, J.
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A.S.NO.142 OF 2002
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25th day of June, 2010.
J U D G M E N T