P MALATHY AMMA Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) THE suit is one for realization of a sum of Rs.1,09,387/- with interest on the principal sum of Rs.81,117/-. The first defendant though had filed a written statement did not appear when the suit was called on for hearing on 12.07.2004. The first defendant was set exparte and I.A.No.3054/2004 was filed under Order IX Rule 7 of Code of Civil Procedure to set aside the same. The court below adjourned the application for hearing to 13.08.2004. The suit had however been decreed exparte in terms of the plaint on 14.07.2004.

(2.) THE first defendant thereupon filed I.A.No.3325/2004 under Order IX Rule 13 of Code of Civil Procedure on 30.07.2004. The court below dismissed the application on 10.02.2005 and the same has been affirmed in CMA No.71/2005 on 21.10.2010. An attempt to review the same also failed and the orders are impugned in this original petition under Article 227 of the Constitution of India.

(3.) THE court below shall dispose of the suit expeditiously in the event of the exparte decree being set aside on compliance with the conditions by the first defendant. The order impugned will remain intact in case the first defendant omits to pay the costs and fails to deposit the portion of the decree debt as directed above.