Shijo Antony v. C.C.Joy
Case brief
What is this about?
Two appeals were filed challenging the dismissal of applications to set aside ex parte decrees. The High Court set aside the decrees, directing defendants to pay costs to the plaintiff and the court to expedite the trial.
What did the court decide?
Ex parte decrees set aside contingent upon payment of costs by defendants to plaintiff and court within specified time.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
FAO.No. 239 of 2015 ()
AGAINST THE ORDER DATED 87.10.2015 IN I.A.NO.383/2015 IN OS NO.126/2011 ON THE FILES OF THE SUBORDINATE JUDGE'S COURT, HOSDURG
APPELLANT(S)/APPLICANT/3RD APPLICANT:
SHIJO ANTONY, AGED 37 YEARS, S/O.PATHICKAL ANTONY, PATHICKAL HOUSE, ELIKKULAM VILLAGE, KANHIRAPPALLI TALUK, KOTTAYAM DISTRICT, PIN-686 577.
BY ADVS.SRI.T.R.RAVI SRI.JAWAHAR JOSE SRI.V.VINAY MENON SMT.CISSY MATHEWS
RESPONDENT(S)/RESPONDENTS/PLAINTIFF & DEFENDANTS 1 & 2:
Issues for consideration
2 issues framed by the court
Whether applications to set aside ex parte decrees should be dismissed solely due to prior instances of default.
Whether terms and conditions can be imposed while setting aside an ex parte decree.
Parties & counsel
- appellant
Shijo Antony
- appellant
Pathickal Antony
- appellant
Pathickal Mary
- respondent
CC Joy
Coram
Case details
As recorded by the court registry
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