K P JAYAKUMAR Vs. K RAVINDRAN

JUDGEMENT

(1.) This appeal has been preferred under O.43 R.1(c) of the Code of Civil Procedure against the order in I.A. 312/03 in I.P. No. 2/99 of the Subordinate Judges Court, Tellicherry. Registry expressed doubt as to whether the appeal is maintainable. Consequently returned the appeal memorandum. Counsel appearing for the appellant submitted that since the impugned order comes under O.43 R.1(c) FAO is maintainable before this Court. Registry again returned the appeal noting the following defects:

(2.) Appellant herein preferred a petition under S.7 of the Provincial Insolvency Act before the Subordinate Judges Court, Tellicherry to declare him as insolvent. Insolvency petition was posted for evidence on 25.11.2002. On that day petitioner was absent. Case was adjourned to 28.11.2002. On that day also petitioner remained absent. Consequently that petition was dismissed for default. Petitioner then filed I.A. 312/03 under O.9 R.4 and 8 of the Code of Civil Procedure for restoration of the insolvency petition dismissed for default. IA was dismissed holding that sufficient grounds have not been made out, against which this appeal has been preferred.

(3.) We have already indicated that appeal was preferred under O.43 R.1(c) of CPC which reads as follows: