ZERITA ASHLEN ROCHA Vs. ANN MARY VARGHESE

JUDGEMENT

(1.) The original petition is filed to set aside the order in I.A.No.3123/2018 in O.S.No.125/2018 (Ext.P3) of the Court of the 2nd Additional Subordinate Judge, Ernakulam.

(2.) The petitioners were the defendants in the above suit, filed by the respondent, seeking a decree for realisation of money. The petitioners were set ex-parte. They had filed I.A.No.3123/2018 to set aside the ex-parte order. The Court below, by Ext.P2 order, set aside the order on condition that the petitioners file their written statement on or before 17/12/2018. Even though, the petitioners had filed the written statement on the said date there was a formal defect in the same. Therefore, the Court below by the impugned Ext.P3 order, dismissed I.A.No.3123/2018 and confirmed the ex-parte order. Ext.P3 is erroneous. Hence, the original petition.

(3.) Heard; Sri.Biju Varghese Abraham, the learned counsel appearing for the petitioners and Sri.Zakeer Hussain, the learned counsel appearing for the respondent.