JOSEPH Vs. OUSEPH

JUDGEMENT

(1.) IN this civil revision petition,Mr.K.Sreedharan,learned counsel for the debtor -petitioner,challenges the order of the learned Subordinate Judge,Kottayam,rejec­ting the application filed by the petitioner,namely.C.M.P.No.4355 of 1964,to review the order passed on 1 st February 1964.

(2.) IF it is only a technical default committed by the petitioner in not appearing on 1 st February 1964,the date to which the application filed by the decree -holder was posted for objection,I would have certainly Considered the question of setting aside the order and remanding the proceedings for giving an opportunity to the petitioner for placing his objections,if any,which he could not do on that day.But the position is not so simple as I would immediately show.

(3.) THE petitioner filed D.R.P.No.31 of 1959 before the learned Subordinate Judge,Kottayam,under section 8 of Act 31 of 1958.The transaction in question,in respect of which the petitioner sought an adjudication by the court under section 8 of Act 31 of 1958,is one dated 11 th May 1955.That document provided for payment of interest by the petitioner at 12 per cent per annum and there is no controversy about it.