M.K. KOYA Vs. UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) Petitioner is the defendant in O.S No.1 of 2004 pending before the District Court, Lakshadweep. Originally, there were two plaintiffs in the suit. The first plaintiff's name was deleted from the party array. Second plaintiff, the Shipping Corporation of India Limited, a public limited company, is prosecuting the suit at present. The suit is one for recovery of money from the petitioner. As per Ext.P1 judgment, the suit was dismissed for the following reasons :

(2.) Ext.P2 is the decree passed in the suit. Ext.P3 is the petition filed under Section 5 of the Limitation Act for condoning delay of 604 days in filing an application for restoration of the suit. Petitioner opposed Ext.P3 application by filing Ext.P4 counter statement. Thereafter, Ext.P5, the impugned order was passed by the learned District Judge.

(3.) Heard the learned counsel for the petitioner and the learned Standing counsel for the contesting respondent.