NOUSHAD Vs. SIVADASAN CHAKKALAKKAL

JUDGEMENT

(1.) This original petition is filed under Article 227 of the Constitution of India to set aside the order dated 28.2.2020 passed by the Court of the Subordinate Judge, Manjeri in I.A Nos.262 and 263 of 2019 in I.A No.741/2016 in O.S No.43/2015.

(2.) The case of the petitioner, in brief, in the original petition is that, the petitioner is the defendant in OS No.43/2015, which was filed by the respondent. The petitioner was set ex parte and an ex parte decree was passed against him on 30.6.2016. The petitioner had filed I.A No.741/2016 to set aside the ex parte decree. The Trial Court by Ext P1 order dated 27.5.2017 allowed I.A No.741/2016, on condition that the petitioner pays a cost of Rs.10,000/- to the respondent on or before 5.6.2017, failing which the application would stand dismissed. According to the petitioner, he was in severe penury. He could not raise the said amount within the stipulated time period. Hence, the petitioner filed I.A 425/2017, seeking enlargement of time to pay the cost, which was allowed by the court below by Ext P2 order. The petitioner was directed to pay the cost on or before 15.6.2017. However, the petitioner could not raise the requisite funds within the stipulated time period. Consequently, I.A No.741/2016 was dismissed. Later, the petitioner filed IA 262/2019 to review the order in I.A 741/2016 and IA No.263/2019 to condone the delay of 639 days in filing the review petition. The learned Subordinate Judge by Ext P4 impugned order dated 28.2.2020 dismissed the applications on the ground that I.A No.741/2016 was disposed of on merits and that the petitioner has not shown sufficient cause to condone the delay of 639 days in restoring I.A 741/2016. It is assailing the said order that this original petition is filed.