C.G.VARGHESE Vs. ALIAS THOMAS

JUDGEMENT

(1.) These Original Petitions are disposed of by way of a common judgment as the questions involved are the same. The original petitions arise from O.S.No.190 of 2006 on the file of the Subordinate Judge's Court, Mavelikkara. The petitioner is the plaintiff in the suit, and the respondent is the defendant.

(2.) The Original Suit was filed for specific performance of a contract. The defendant, along with the written statement, had filed a counter claim. The suit was listed for trial on 6/11/2011. On the day scheduled for trial the plaintiff did not appear. Therefore, the Court dismissed the suit for default and adjourned the case to 30/11/2011 to consider the counterclaim. On that day, the defendant did not appear. The Court decreed the counterclaim.

(3.) The plaintiff filed I.A.No.1108 of 2014 under Order 9 Rule 9 of the Code of Civil Procedure (CPC), for setting aside the dismissal of the suit along with I.A.No.1109 of 2014 for condonation of the delay of 1221 days in filing the application. He also filed I.A.No.1103/2014 under Order 9 Rule 13 to set aside the ex parte decree in the counter claim along with I.A.No.1104 of 2014 to condone the delay of 974 days in filing the petition. The trial Court dismissed the applications. The plaintiff challenged the orders passed by the trial Court by filing CMA.Nos.74/2017 & 4/2018 before the Additional District Court-I, Mavelikkara, which confirmed the orders passed by the trial Court. These orders are under challenge in these original petitions.