ANANDA KUMAR Vs. MOHANAN

JUDGEMENT

(1.) Petition filed under Article 227 of the Constitution.

(2.) An interesting question that arises for consideration in this petition is whether a suit dismissed as not pressed could be restored to file.

(3.) The petitioner is the plaintiff in O.S.No.31/2015 on the file of the Sub Court, Nedumangad. Ext.P1 is the plaint in the suit filed by him for realisation of Rs.25 lakhs based on promissory note from the respondent. The petitioner had earlier filed a suit as O.S.No.494/2015 before the Munsiff's Court, Nedumangad for realisation of Rs.10 lakhs from the very same respondent, based on a cheque transaction. Both the suits were filed through his Counsel, Advocate B.Varijakshan. The suit before the Munsiff's Court was decreed uncontested vide Ext.P5 judgment. In O.S.No.31/2015 also, the defendant did not contest and filed Ext.P2 written statement admitting the claim. The petitioner had entrusted blank signed papers to his Counsel for the purpose of filing execution petition before the Munsiff's Court. The petitioner had also entrusted Rs.2.5 lakhs to his Counsel towards Advocate's fees. He kept inquiring about the status of the suit pending before the Sub Court. His Counsel, however, kept him in the dark regarding the status of the suit pending before the Sub Court.