IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 488 of 2008()
1. MATHEW JAMES.K., S/O.K.M.MATHAI,
... Petitioner
Vs
1. SANTHOSH K.THOMAS, AGED 42 YEARS,
... Respondent
For Petitioner :SRI.GEORGE VARGHESE (MANACHIRACKEL)
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :24/07/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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R.F.A.No. 488 OF 2008
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Dated this the 24th day of July, 2008
JUDGMENT
The grievance of the appellant plaintiff is that even though his
suit which was for recovery of Rs.7,80,500/- with interest was decreed
by the learned Subordinate Judge, the learned Judge did not award cost.
A substantial amount had been expended by the appellant towards
court fees as well as Advocate fees. My attention was drawn by
Sri.George Varghese, learned counsel for the appellant to section 35(2)
of the Civil Procedure Code and it was submitted that the judgment is
silent regarding the cost of the suit.
Having regard to Sub section 2 of Section 35, the ground raised
in the memorandum of appeal is apparently meritorious. At the same
time, I feel that the petitioner could have moved the learned Sub Judge
himself invoking his powers under Section 152 since it is probable that
failure to award cost in this case is result of a mistake arising from an
accidental slip or omission. Accordingly, I dismiss the appeal
inlimine., however, giving liberty to the appellant to apply to the court
R.F.A.No.488/08 2
below under Section 152 of the Civil Procedure Code. If the appellant
files an application for amendment of the judgment and decree
invoking section 152 of the CPC or any other apposite provisions, the
learned Subordinate Judge will entertain that application and dispose of
the same at the earliest in the light of the observations made herein
above.
PIUS.C.KURIAKOSE
JUDGE
sv.
R.F.A.No.488/08 2