IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 4 of 2009()
1. LENIN JACOB, S/O.JACOB, ARACKAL HOUSE,
... Petitioner
2. JOSEPH.A.G., S/O.GREGORY,
3. JACOB A.G., S/O.GREGORY, ARACKAL HOUSE
Vs
1. STATE BANK OF INDIA,
... Respondent
For Petitioner :SRI.B.PRAMOD
For Respondent :SRI.P.V.SURENDRANATH
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :24/09/2009
O R D E R
K. M. JOSEPH &
M. L. JOSEPH FRANCIS, JJ.
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F.A.O. NO. 4 OF 2009
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Dated this the 24th September, 2009
JUDGMENT
K.M. Joseph, J.
Appellants call in question the order passed in
I.A.No.818/08 in O.S. No.74/2007, which is an I.A. filed
seeking to set aside the ex parte decree passed against the
appellants. The Suit is filed in the year 2007. According to the
appellants, the first appellant was affected by viral fever from
10.2.2008 and he was under the treatment of Dr. Sudhakar Ravu
attached to the S.V. Hospital, Cherthala. According to the first
appellant, he could not meet the Advocate, but he telephoned
him on 13.2.2008. It is further stated that appellants 2 and 3 are
fishermen and they were in deep sea fishing. It was in such
circumstances that they could not appear before the court below.
The Court did not accept the case of the appellants. It was,
inter alia, found that the Doctor was not examined to disprove
F.A.O.4/09 2
the assertion.
2. We heard the learned counsel for the appellants and the
learned counsel appearing on behalf of the respondent Bank.
No doubt, in these matters, a liberal view has to be taken. We
see some merit in the contention of the appellants that the
appellants should be allowed to contest the matter. So, taking a
lenient view, we allow the Appeal and set aside the impugned
order and the Application will stand allowed on condition that
the appellants shall pay costs of Rs.3,000/= (Rupees Three
Thousand) to the respondent within a period of one month from
today and produce the Memo in this Court, also within the same
period.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M. L. JOSEPH FRANCIS,
JUDGE
kbk.
// True Copy //
PS to Judge