Jomon John v. K.P.Laly
Case brief
What is this about?
The High Court set aside an ex parte decree in a money suit, holding that with a substantial amount involved, an opportunity to contest on merit must be afforded despite laches, provided specific conditions regarding deposit and disposal time are met.
What did the court decide?
The ex parte decree in O.S.No.9/2013 is set aside subject to deposit of one-half of the decreed amount within six weeks and other conditions.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
FAO.No. 214 of 2016 ()
AGAINST ORDER PASSED IN I.A.1189/2015 IN O.S.No.9/2013 ON THE FILES OF SUB COURT, ALAPPUZHA
APPELLANT/PETITIONER/DEFENDANT.:
JOMON JOHN
S/O. JOHN, BUSINESS, AGED 49 YEARS,
RESIDING AT JEES HOUSE, SEA VIEW WARD, ALAPPUZHA- 688012.
BY ADVS.SRI.T.JAYAKRISHNAN
SRI.R.KRISHNAKUMAR (CHERTHALA)
Issues for consideration
1 issue framed by the court
Whether an application to set aside an ex parte decree filed after delay due to illness should be allowed.
Parties & counsel
- appellant
Jomon John
- respondent
K.P. Laly
Coram
V. Chitambaresh
Case details
As recorded by the court registry
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