M.B. ASHOK KUMAR Vs. BINDU AND OTHERS

JUDGEMENT

(1.) An application filed by the petitioner/plaintiff seeking restoration of the suit dismissed for default, to set aside the exparte decree passed on the counter claim and also to condone the delay, was dismissed by the trial court. The said order was confirmed in appeal. The plaintiff seeks to challenge the same in this original petition.

(2.) The petitioner-plaintiff filed the suit for prohibitory injunction against trespass. The defendants raised a counter claim for fixation of boundary. On the date the suit was posted for trial in the list, the petitioner-plaintiff failed to appear. The suit was dismissed for default and the counter claim was decreed. I.A.4089/2012 was filed by the plaintiff seeking restoration, setting aside the ex parte decree and also to condone the delay of 185 days in filing the application.

(3.) The suit was listed to 03.03.2012. According to the petitioner, on 29.02.2012, he met with an accident resulting in serious injuries including compound fracture of the left shoulder. On 02.03.2012, the petitioner filed an application to remove the case from the list. The application was accompanied by a medical certificate. The suit was adjourned to 06.03.2012 on which date there was no representation from the concerned counsel whereupon the suit was dismissed for default. Subsequently the counter claim was decreed.