BAVA ALIAS ASEES Vs. MADHAVAN

JUDGEMENT

(1.) THE questions of law which arise in this second appeal are:

(2.) DEFENDANT in a suit for injunction is the appellant herein. After completion of the evidence on the side of the plaintiff the suit was adjourned for adducing the evidence on the side of the defendant. On the adjourned date counsel for defendant reported no instructions. Defendant also remained absent. The Trial Court proceeded exparte and decided the suit or merits. A decree for injunction was granted in favour of the plaintiff. On appeal, the Subordinate Judge, Kozhikode concurred with the decision of the Trial Court and dismissed the appeal. Hence this second appeal which was admitted on the following substantial questions of law formulated in the appeal memorandum.

(3.) THREE remedies are open to a person to question an exparte decree, viz. (i) an application under R.13 of O.9 CPC. (ii) an appeal under S.96(2) of the Code, and (iii) an application f or review under O.47.