KAMALA Vs. V AJAYAKUMAR

JUDGEMENT

(1.) DEFENDANT in O.S. No.215 of 2010 of the court of learned Munsiff, Vaikom is the petitioner in this petition filed under Article 227 of the Constitution. It is prayed that learned Munsiff may be directed to set aside judgment and decree in the suit and re-hear the suit giving reasonable time to the parties for obtaining applied certified copies of the depositions and to set aside judgment in O.S. No.215 of 2010 and to follow the legally envisaged procedure in the written statement against counter claim and in the proof affidavit filed by the respondent in the suit. There is also a prayer to direct learned Munsiff to recorddeposition of respondent that he was not present at Vaikom for signing written statement against the counter statement and proof affidavit.

(2.) RESPONDENT sued petitioner for specific performance of an agreement dated 01.04.2007 for sale of one acre of land for Rs.75,000/-. Petitioner filed written statement and counter claim. It would appear that issues were framed on 18.09.2010 and the case was posted for trial in the list. Evidence was recorded on 15.10.2010. It is the case of petitioner that she applied for copy of the deposition which was not received on time. In the meantime thematter was heard and judgment was pronounced on 04.11.2010. Learned counsel for petitioner contends that proof affidavit filed by the respondent on 15.10.2010 was in O.S. No. 487 of 2010but the case number wascorrected by the ministerial staff of the court below asO.S. No.215 of 2010 without any order from the learned Munsiff. Learned counsel requested that petitioner may be given opportunity to contest the suit.