SOMAN PILLAI Vs. KUTTIKRISHAN

JUDGEMENT

(1.) AN application filed to set aside the exparte decree in a suit for realisation of money with a supporting petition to condone delay was dismissed by the trial court. The lower appellate court in appeal set aside the exparte decree on condition that the defendant pays a sum of Rs. 5,000/- (Rupees five thousand only) as costs to the District Legal Service Authority within a period of one month.

(2.) IT is stated that the defendant knew about the directions contained in the judgment only when he received its certified copy much later. The entries in the A' diary on the other hand reflected that the appeal was being adjourned from time to time for pronouncing judgment.

(3.) I permit the petitioner to pay the costs of Rs.5,000/- (Rupees five thousand only) as directed to the District Legal Service Authority, Thrissur within a period of one month from today. The exparte decree in O.S No.1397/2002 on the file of the Court of the Munsiff of Chavakad will stand set aside on payment of costs of Rs.5,000/-(Rupees five thousand only) as directed above in time. The court below shall make every endeavour to dispose of the suit expeditiously in case the exparte decree is set aside aside .The impugned order will remain intact in case the petitioner omits to pay the costs as directed above. The original petition is disposed of as above. No costs.