SOMASEKHARAN NAIR IRISHIKESHAN NAIR Vs. N. BHASKARAN NAIR

JUDGEMENT

(1.) THE suit in question O.S. 121/1998 was for partition. Some of the defendants challenged the preliminary decree for partition in A.S. 38/2003. It was dismissed for default on 13.8.2008. The appellants 1, 2, 4, 7, 10 & 12 to 14 filed I.A.N. 1412/2010 to restore the appeal to file. They also filed I.A. 1413/2010 to condone the delay of 715 days in filing restoration petition. Evidence was recorded. The 7th appellant was examined as PW1 and Exts. A1 & A2 were marked. The learned Sub Judge held that the petitioners failed to explain the delay in filing the restoration application. So she dismissed both applications. This is challenged in this appeal filed by the 7th appellant in the court below.

(2.) HEARD .

(3.) THEREAFTER some other appellants filed an application for the same purpose, the order in which is impugned in this appeal. The reason for the other appellants not joining the application does not find a place in the appeal memorandum. In the argument also the reason is not mentioned.