SHAHUL HAMEED M P Vs. PRITHVEE RAJ

JUDGEMENT

(1.) IN this original petition filed under Article 227 of the Constitution of INdia, the petitioner seeks the following reliefs:

(2.) PETITIONER was the defendant in O.S. 397 of 2008 before the Munsiff's Court, Kozhikode. The suit was one for recovery of money. According to the petitioner, the suit was a false one and he owed no amount to the plaintiff in the suit. He was unable to take part in the proceedings since he was laid up due to an accident. When he came to know about the ex-parte decree, he filed I.A. 5688 of 2009 and I.A.5687 of 2009, the former one to have the ex-parte decree set aside and the latter one to condone the delay in filing the former application. PETITIONER was examined as P.W.1 and unfortunately for him the delay petition was dismissed and consequently the petition to set aside the ex- parte decree also. By Ext.P5, the petitioner carried the matter in appeal as C.M.A.65 of 2010. He has also filed I.A. 2188 of 2010 in C.M.A.65 of 2010 for condoning the delay of 37 days in filing the C.M.A. He had also filed Ext.P8, i.e., I.A.2189 of 2010 in C.M.A. 65 of 2010 to stay the further proceedings in execution of the decree.