ASOK KUMAR Vs. SANTHOSHKUMAR

JUDGEMENT

(1.) The plaintiff in O.S.No.267/2011 which was filed before Sub Court, Nedumangad for specific performance of an agreement for sale is the petitioner in this O.P. The suit was on a former occasion decreed ex-parte by the court below. After the ex-parte decree having been set aside on payment of cost of Rs.2500/- by the respondent, suit was restored to file giving him an opportunity to file written statement and contest the suit on merits. On 13.11.2015, when the suit was listed for trial, he absented again and accordingly, he was set ex-parte by the court posting the case for recording ex-parte evidence. The defendant however, filed written statement on 19.11.2015 along with I.A. 1147/2015 seeking to accept the written statement on the ground that his non-appearance on the date of special list was not at all wilful and deliberate. Even though the petitioner herein opposed the petition, it was allowed on cost of Rs.250/-. The plaintiff being aggrieved by the order dated 8.12.2015, filed this O.P. invoking Article 227 of the Constitution of India.

(2.) Heard both sides.

(3.) The grievance of the petitioner is that when, on former occasion, the suit was decreed ex- parte, he purchased stamp paper worth Rs.65,000 on the hope that he would be in a position to get the sale deed executed through court. The defendant who had appeared in the suit had been delaying the suit without filing written statement it is said. Later also when the ex-parte decree was set aside and the suit listed for trial subsequently on 13.11.2015 also, there was no appearance for the defendant and he was rightly set ex-parte. Afterwards, he filed written statement and sought to be executed for non-appearance invoking Order IX Rule 7 of the CPC. The court below allowed I.A.1147/2015 ordering a mere cost of Rs.250/-.