CHUPPAN NADAR Vs. SREEDHARAN THAMPI

JUDGEMENT

(1.) An appeal filed by the respondent was dismissed by the court. Thereafter the appellant filed an interlocutory application for restoration of the appeal. That was also dismissed. Then the appellant filed a review application. That was allowed by the impugned order. That is challenged in this civil miscellaneous appeal.

(2.) Defendant is the appellant. Plaintiff filed the suit for redemption of mortgage and for recovery of possession. The appellant defendant contended that the plaintiff has no right to redeem the property, as the appellant had fixity of tenure. The matter was referred to the Land Tribunal and the Tribunal found that the defendant was a tenant entitled to fixity of tenure. The suit was consequently dismissed. The plaintiff filed appeal before the lower appellate court challenging the dismissal of the suit. The defendant respondent contended that the appeal was barred by time. The court below accepted this plea and dismissed the suit. The plaintiff had obtained a certified copy of the last paragraph of the judgment to enable him to file appeal, but he did not file any appeal. Later when he filed the appeal on the basis of the printed copy of the judgment and decree, the defendant raised the contention that the plaintiff could have filed an appeal on the basis of the certified copy of the last paragraph of the judgment and therefore the appeal filed on the basis of the printed copy of the judgment was belated. The court inadvertently accepted this plea and dismissed the suit as time barred. The appellant was not heard on this matter. Later the appellant filed an application to restore the appeal to the file. That also was dismissed. Then he filed the review application.

(3.) The main contention urged by the appellant's counsel is that there was no error apparent on the face of the record to review the earlier order dismissing the appeal and that an appeal itself is provided under O.41,R.19C.P.C. So the court should not have allowed the review of the judgment. I am not inclined to accept this contention.