DAMODARAN PILLAI Vs. SOUTH INDIAN BANK LTD

JUDGEMENT

(1.) Interpretation of sub rule (3) of Rule 106 of Order XXI of the Code of Civil Procedure (Code) falls for consideration in this appeal which arises out of the judgment and order dated 22nd July, 2003 passed by a learned Single Judge of the High Court of Kerala in CRP No. 1033 of 2002 whereby and whereunder the Revision Petition filed by the appellants herein from an order dated 6-10-2001 passed by the Principal sub-Judge Kollam in Execution Petition No. 234/88 in O.S. No. 178/84 was dismissed.

(2.) The basic fact of the matter is not in dispute.

(3.) The Respondent herein obtained a decree against the appellant herein for a sum of Rs. 78, 155.80 in a suit being No. 178/84 filed before the Principal sub-Judge, Kollam. An Execution Petition was filed by the respondent herein for execution of the said decree in the said court which was marked as Execution Petition No. 234 of 1988. It is not in dispute that the said Execution Petition had been set down hearing. It was dismissed for default on 1-11-1990. It is also not in dispute that an application for restoration of the said Execution Petition was filed by the respondent herein on 4-4-1998 inter alia on the premise that it came to learn about the dismissal of the said Execution Petition only on 25-3-1998.