K GANDHI Vs. M SYED YUSUF

JUDGEMENT

(1.) The appellant has preferred this Civil Miscellaneous Appeal against the fair and decretal order dated 30.01.2013 passed in I.A.No.32 of 2012 in A.S.No.10 of 2012 on the file of the Principal District Judge, Krishnagiri.

(2.) The appellant had preferred an appeal before the District Court, Krishnagiri, against the judgment and decree dated 03.11.2011 passed in O.S.No.112 of 2016. Since he failed to appear for arguing the matter on 15.06.2012, 04.07.2012, 26.07.2012 and 28.08.2012, and since the learned counsel, who appeared for him has reported no instructions, the matter was posted in the special list on 109.201 Since no instructions was reported by the learned counsel for the appellant, it was dismissed for default. Thereafter, the appellant filed an application in I.A.No.32 of 2012 to set aside the order dismissing the appeal for default.

(3.) The Lower Appellate Court finding that the appellant has not set out the case for illness by producing suitable medical certificates and specific details of treatment taken by him, however, considering the hardship caused to the appellant, decided to dispose of the matter on merits and gave an opportunity to the appellant to contest the case on merits. However, costs of Rs.10,000/- was awarded for the purpose of restoring the appeal and take it on file. Challenging the said order dated 30.01.2013, the appellant has come up before this Court.