VARGHESE MATHAI C Vs. VARGHESE C PJILIPPUKUTTY

JUDGEMENT

(1.) THE questions of law which arise for consideration in this Original Petition are: (1) Whether for restoration of a suit which was dismissed erroneously on the basis of a compromise entered into between the parties before the Lok Adalath, Article 122 of the Limitation Act or Article 137 of the Limitation Act would apply; and (2) When Rule 9 of Order IX of the Code of Civil Procedure makes a specific provision for restoration of a suit, whether Section 151 of the Code of Civil Procedure can be resorted to for that purpose.

(2.) THE petitioner is the first defendant in O.S.No.42 of 2005, Sub Court, Thiruvalla, which was filed by the first respondent for partition. An appeal between the parties as A.S.No.36 of 2004 was also pending before the Sub Court, Thiruvalla. The aforesaid matters were referred to the Lok Adalath. In the Lok Adalath held on 29.3.2008 at Sub Court, Thiruvalla, the following arrangement was arrived at:

(3.) THE court below allowed I.A.No.920 of 2010 by the order dated 20.9.2010, holding that Article 137 of the Limitation Act would apply and that the application was filed well within time. That order is under challenge in this Original Petition.