STATE OF KERALA Vs. JOSEPH

JUDGEMENT

(1.) THIS is an appeal preferred by defendants in O. S. No. 425/89 against the order in I. A. Nos. 6654 and 6655 of 1989.

(2.) THE respondent-plaintiff had entered into a contract with the first defendant State of Kerala for repair works of a public road. THE contract amount was Rs. 62,295/ - and the time stipulated for completion of contract was 10. 12. 1986. Plaintiff commenced his work on 15. 4. 87 and completed on 15. 7. 87. He alleges that defendants had requested for certain deviations from the original contract but no sanction was accorded for the new estimate. THE plaintiff alleged that he had suffered damage to the extent of Rs. 1,36,395/- and he filed the suit for realisation of this amount. THE first appearance was on 16. 10. 89 and on that day defendants were not present and they were set exparte and the plaintiff was asked to file an affidavit and on 30. 10. 89 plaintiff filed an affidavit and on 31. 10. 89 the suit was decreed as prayed for.

(3.) THEREAFTER, the matter was reconsidered by the court below and the impugned order was passed by the learned Sub Judge. The learned sub-Judge declined to set aside the exparte decree on the ground that defendants failed to show sufficient cause for non- appearance. This is challenged by the defendants in appeal.