A M A SULTAN Vs. SEYDU ZOHRA BEEVI

JUDGEMENT

(1.) Appellants are defendants 1 and 2 in O.S. 88 of 1978 of the Sub Court, Thodupuzha. Plaintiffs (respondent's suit for rendition of accounts and injunction was decreed by the Trial Court.

(2.) On 3-3-1980 defendants did not appear before the court when the suit was listed for trial. Though they sought adjournment of the case with a medical certificate the Court did not grant it. The first defendant's counsel submitted no instructions. On the basis of the evidence adduced by the plaintiff the suit was decreed. I.A. 225 of 1980 was filed under O.9 R.13 C.P.C. to set aside the ex parte order. That petition was rejected on 27-3-1980 by the Court below holding that the disposal of the case was on merits and so the petition under O.9 R.13 is not maintainable. The appeal is filed against the judgment and decree of the Trial Court.

(3.) Learned counsel for the defendants (appellants) submitted that an opportunity may be afforded to the defendants to substantiate their contentions by remanding the cases to the Trial Court. Learned counsel for the plaintiff submitted that no purpose will be served by remanding the case to the Trial Court in view of the lack of pleadings in the case.