JEEVANKUMAR Vs. N. GOPAKUMARAN NAIR

JUDGEMENT

(1.) THIS is an appeal preferred against the judgment and decree of the 1st Additional Subordinate Judge's Court, Thiruvananthapuram in O.S. No. 542/1992. The suit is one for compensation for libellous publication. An article published in the Malayalam daily "Thaniniram" is the subject matter for this defamatory suit. Unfortunately the first defendant moved an application for adjournment and the trial court dismissed that application. Thereafter it proceeded to pass judgment in the absence of evidence of the first defendant after setting him ex -parte. He moved an application for setting aside the ex -parte decree against him which was also dismissed for default.

(2.) NOW the subject matter requires serious attention. It is true that there are laches on the part of the first defendant. But interest of justice requires that an opportunity has to be given to him. Unfortunately one defendant has contested the suit and the other defendant has not contested the suit. It is a joint case where one depends on the other. So it has become necessary for this Court to set aside the entire judgment decree and direct the trial court to proceed after affording opportunity to all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. For the laches the first defendant has to pay a cost of Rs. 3,000/ - to the plaintiff. If the said amount is paid on or before 4.12.2010 and a receipt is produced, the court can restore the case back to file and proceed with the matter as stated above. In any event the payment is not accepted, the appellant herein is at liberty to deposit the amount before the trial court. Being an old matter expeditious attempt shall be made to dispose of the case. The first defendant shall also take out notice to the second defendant so that he can also be heard in the matter. If the amount is not paid or deposited within the stipulated time, this appeal will stand automatically dismissed without any further orders. Parties are directed to appear before the trial court on 4.12.2010.