ANNAKKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in I.A.No. 604 of 1994 in L. A. R. No. 305 of 1988, on the file of the Sub Court, Cherthala has preferred this revision against the order dated 18-7-1995. By the impugned order, the learned Sub Judge rejected the petition for review of the order dated 19.3.1994.

(2.) The petitioner was the claimant in L. A. R. No. 305 of 1988. The case was posted for evidence on 17.3.1994. The petitioner was laid up due to illness and as such she could not remain present on that day. The prayer for adjournment was rejected. Accordingly, the reference was disposed of exparte against the petitioner on 19.3.1994. Hence she filed I.A.No. 604 of 1994, styled as petition under S.151 of the Code of Civil Procedure, for review of the order dated 19.3.1994. It was dismissed by order dated 18.7.1995. Being aggrieved by this order, the petitioner has preferred this revision petition.

(3.) The court below held that a petition under S.151 C. P. C. is not maintainable for a review of the order dt. 19-3-94. No case is made out under O.47 C. P. C. Learned counsel for the petitioner contends that the court could consider the petition on the ground that there was sufficient reason to review the order as envisaged in O.47 of the C. P. C.