RETNAMMAL Vs. BHARGAVI, ANDHUTHARA VEEDU

JUDGEMENT

(1.) THE substantial question of law arising for a decision in this appeal is whether having regard to the fact situation the lower appellate court was justified in refusing to readmit the appeal for hearing.

(2.) THE appeal arises from the order dated 28.02.2011 on I.A.No.1773 of 2010 in A.S.No.287 of 2007 of the District Court, Kollam.

(3.) LEARNED counsel submits that having regard to the fact situation learned District Judge ought to have allowed the application and readmitted the appeal. It is contended that the appellant lost opportunity to prosecute the appeal and challenge correctness of judgment and decree of the trial court. Learned counsel for the respondent has invited my attention to the fact situation revealed by the order of the learned District Judge.