P N OMMEN Vs. K T KURIAKOSE

JUDGEMENT

(1.) These appeals arise from the common order passed by the Court of the Subordinate Judge of Ernakulam on 31.1.2017 in I.A.Nos.4497 of 2016 and 4570 of 2016 in O.S.No.60 of 2014. The appellants are defendants 2 and 1 respectively therein. The brief facts of the case are as follow:

(2.) The first respondent in these appeals instituted O.S.No.60 of 2014 in the Court of the Subordinate Judge of Ernakulam on 5.3.2014 praying for a decree allowing him to realise an amount of Rs.31,15,700/- with future interest at the rate of 15% per annum from the date of suit till realisation, from the defendants and their assets. Upon receipt of summons, the defendants entered appearance through counsel on 3.4.2014, the date fixed for return of summons. The suit was thereafter adjourned to 16.6.2014. On that day the parties were referred to the mediation centre. The mediation talks did not yield any result, with the result when the suit came up on 14.10.2014, it was adjourned for steps to 6.1.2015. On 6.1.2015, as the written statement was not filed, the suit was adjourned to 3.3.2015.

(3.) On 3.3.2015, it was represented in court that the defendants are filing their written statement. Thereupon the suit was adjourned to 28.5.2015. The defendants did not however file their written statement, with the result, the court below directed that the suit be proceeded with under Order VIII Rule 10 of the Code of Civil Procedure. Consequently, the suit was adjourned to 12.6.2015 for payment of the balance court fee and ex parte evidence on the side of the plaintiff. The plaintiff did not however remit the balance court fee on 12.6.2015 and therefore, the suit was adjourned to 18.6.2015. On 18.6.2015, it was submitted on behalf of defendants 1 and 2 that there is a change in counsel and fresh vakalaths are being filed. The suit was thereupon adjourned to 13.07.2015. On 13.7.2015, as the balance court fee has not been remitted and defendants had not filed their written statement, the suit was adjourned to 21.7.2015. On that day there was no sitting and the suit was notified to 24.7.2015.