N KARUPPAN Vs. M SANKARAN NAIR

JUDGEMENT

(1.) The revision petitioner is the defendant in the suit O. S. No. 841 of 1968 on the file of the Munsiff's Court, Manjeri. The suit was one for recovery of certain amounts. The suit was originally decreed ex parte, but that decree was set aside on 16-8-1969. Thereafter the suit was posted for filing written statement of the defendant to 12-9-1969. No written statement was filed on that day and the case was adjourned to 26-9-1969. That day also the statement was not filed. Further time was granted till 3-10-1969, and yet the written statement was not filed. Thereafter time was granted upto 21-10-1969. That day not only no written statement was filed, but the defendant was not present also, and his Advocate reported no instructions. The court, therefore again decreed the suit ex parte.

(2.) On 31-10-1969 the defendant filed I. A. No. 2809/69 under O.9, R.13 of the Code of Civil Procedure for setting aside the ex parte decree stating inter alia that he was laid up, and producing Ext. Al medical certificate in support of his contention. This petition was resisted by the plaintiff. Finally, the learned Munsiff passed an order setting aside the ex parte decree on condition that the defendant deposits in court the entire decree amount including costs within one month from the date of the order. This order was passed on 18-12-1969. The learned Munsiff posted the petition to 19-1-1970 for deposit.

(3.) This order was challenged by the defendant in C. M. A. No. 7 of 1970 on the file of the District Court, Kozhikode, which was subsequently transferred to the file of the Subordinate Judge's Court, Manjeri, at Kozhikode, in which court it was numbered as C. M. A. 30 of 1970. The learned Subordinate Judge dismissed the appeal by his judgment dated 6-11-1970. It is the judgment of the learned Subordinate Judge confirming the order of the learned Munsiff that is under challenge in this revision petition.