NARAYANA DAS Vs. V.U. PRAKASAN

JUDGEMENT

(1.) This appeal is preferred against the order of the Additional Sub Judge, North Paravur in I.A.No.1574 of 2016 in O.S.No.40 of 2011 as per which the said court was pleased to set aside an ex parte decree by imposing a condition that the appellants pay a sum of Rs.7,500/- as costs within a period of 15 days from the date of the order. Since the appellants did not make payment of the amount ordered as costs, the court below, by a subsequent order passed on 7.3.2017, dismissed the aforementioned I.A.No.1574 of 2016 for non compliance of the direction to pay costs. This appeal has been filed primarily impugning the imposition of costs of Rs.7,500/- and the consequential dismissal of the application for failure in payment of the said amount.

(2.) We have heard the learned counsel for the appellants Sri. Santhosh Poduval and Sri. Peeyus A. Kottam, learned counsel who entered appearance on behalf of the respondent.

(3.) Sri. Santhosh Poduval submits that the order in I.A.No.1574 of 2016 dated 20.2.2017 imposing costs of Rs.7,500/- is very onerous, because according to him, the said application had been supported by an affidavit sworn to by the counsel appearing for the party before the court below, wherein she had averred that she met with an accident and was, therefore, incapacitated from appearing before the court below on the day the suit was decreed, namely, on 12.7.2016. He asserts that since the affidavit had shown sufficient cause for non appearance, the court below ought to have allowed it without imposition of costs.