IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO No. 170 of 2006()
1. SREEKUMARAN NAIR, MURINGAL PARAMBIL,
... Petitioner
Vs
1. SAKTHI FINANCE LTD., ERNAKULAM BRANCH
... Respondent
2. MRS.T.T.VALLIAMMAL,
3. MR.MAHALINGAM, 26/824, SANJAY NAGAR,
For Petitioner :SRI.M.P.ABRAHAM (SR.)
For Respondent :SRI.M.K.DILEEPAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/03/2007
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
...................................................................................
F.A.O. No. 170 OF 2006
...................................................................................
Dated this the 20th March, 2007
J U D G M E N T
Sankaran, J:
The petitioner, who is the third defendant in O.S. 205 of 2002 on
the file of the Sub Court, Ernakulam filed I.A. Nos. 3063 of 2005 and 3062
of 2005 to set aside the ex parte decree passed against him, after
condoning the delay. Those applications were posted on 03.04.2006.
The appellant and the counsel were absent on that day and therefore the
court below dismissed the applications. I.A. Nos. 2093 of 2006 and 2094
of 2006 were filed to restore I.A.Nos. 3063 of 2005 and 3062 of 2005
respectively. The court below dismissed those applications by the order
impugned in this appeal.
2. The case of the appellant is that the advocate’s clerk had noted
the date as 04.04.2006 instead of 03.04.2006 and therefore the counsel as
well as the appellant were absent before the court on 03.04.2006 when the
case was called.
F.A.O. No. 170 OF 2006
–: 2 :–
In the facts and circumstances of the case and also taking a lenient
view in the matter, we are inclined to set aside the order impugned on
condition that the appellant shall pay a sum of Rs.2,000/- (Rupees two
thousand only) as costs to the first respondent . In the result, F.A.O. is
allowed on condition that the appellant shall pay a sum of Rs. 2,000/-
(Rupees two thousand only) as costs to the first respondent within a period
of three weeks from today. Costs shall be paid to the counsel appearing
for the first respondent
KURIAN JOSEPH,
JUDGE.
K.T. SANKARAN,
JUDGE.
lk