Reghu M. v. Rajavally
Case brief
What is this about?
The High Court of Kerala allowed an application to set aside orders rejecting a suit for default due to non-payment of court fee, and remanded the delay condonation application to the Sub Judge.
What did the court decide?
I.A.No.2439/2010 is allowed; I.A.No.2438/2010 is remanded; Op. to treat specific Ig no. as one for review.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 14TH DAY OF DECEMBER 2012/23RD AGRAHAYANA 1934
OP(C).No. 1322 of 2012 (O)
IA.NO.2438/2010 IN OS.173/2007 of PRINCIPAL SUB COURT,ATTINGAL
PETITIONER(S):
REGHU M. S/O.MADHAVAN, ARYA BHVAN, PAYATTINGAKUZHI PULIMATH VILLAGE REP.BY HIS POWER OF ATTORNEY AJITHA
BY ADVS.SRI.R.KRISHNAKUMAR (CHERTHALA) SMT.TINY THOMAS
RESPONDENT(S):
RAJAVALLY
W/O.REMADEVAN,ELAPPIKAZHIKATHU VEEDU, NANDAIVANAM NEDUMPARAMBU, ATTINGAL THIRUVANANTHAPURAM DIST-695104
Issues for consideration
2 issues framed by the court
Whether the order dismissing the suit for default should be set aside to afford an opportunity to pay the balance court fee.
Whether I.A.No.2438/2010 for condonation of delay should be remanded to the lower court.
Parties & counsel
- applicant
REGHU M.
- respondent
RAJAVALLY
Coram
V. CHITAMBARESH
Case details
As recorded by the court registry
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