V DAMADARAN Vs. STATE

JUDGEMENT

(1.) This is a revision, by the plaintiff in O. S.312 of 1957 on the file of the District Munsiff, Kanjirappaly, allowing an application C.M.P No. 5791 of 1958 filed by the 1st defendant, the State of Kerala.

(2.) The point that is at present, raised in this revision by Mr. Subramonia Iyer, learned counsel for the petitioner is only as to whether the lower court has jurisdiction to set aside the ex parte decree as against the State

(3.) After the institution of the suit on 19-12-1957, it is seen that summons were issued to the State, viz., the 1st defendant on 21-12-1957 and it is also stated that the summons was actually served on the Chief Secretary of the State on 28-12-1957. The suit was posted for trial on 24-2-1958 and it transpires that there was no appearance on behalf of the State, the 1st defendant, and an ex parte decree was passed on 24-2-1958 itself by the learned District Munsiff.