P.K.Thomas v. Abdul Khader
Case brief
What is this about?
Court allowed appeal against dismissal of application to set aside ex-parte decree. Suit restored to file on condition of payment/deposit of Rs.5000/- within one month. Plaintiff to be examined before departure.
What did the court decide?
Suit restored to file on condition of payment/deposit of Rs.5000/- to respondent or before court below within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN
FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 FAO.No. 105 of 2009() --------------------AGAINST THE ORDER IN IA 1732/2008 IN OS.4/2003 of SUB COURT, OTTAPPALAM
APPELLANT/PETITIONER/DEFENDANT
P.K.THOMAS, S/O.P.K.KOCHAPPAN,
AGED 64 YEARS, RESIDING AT BADEL NIVAS, PAZHUTHARA, THRIKKANGODE AMSOM, MANISSERY DESOM, OTTAPALAM TALUK.
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENT(S): PLAINTIFF
ABDUL KHADER, S/O.PADIYATH YOUSUF HAJI, KOTHAKURUSSI AMSOM, EDAKKAD, PAVUKONAM DESOM, OTTAPALAM TALUK, REP. BY MUKTHIYAR AGENT, BY P/A.HOLDER OF ATTORNEY HOLDER PRABHAKARAN, S/O.MALATHANKOTTIL VELAYUDHAN, KOONATHARA AMSOM, PANAYOOR DESOM, OTTAPALAM TALUK.
Issues for consideration
1 issue framed by the court
Whether dismissal of application to set aside ex-parte decree on account of illness is warranted when sufficient reason was shown on the appointed day.
Parties & counsel
- appellant
P.K. Thomas
- respondent
Abdul Khader
Coram
P.R. Raman
Case details
As recorded by the court registry
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