Velayudhan v. C.Suresh
Case brief
What is this about?
The High Court allowed an appeal challenging a lower court order dismissing applications to set aside an ex-parte decree. It granted the appellant an opportunity to contest the suit upon payment of Rs. 7,500 as costs.
What did the court decide?
Appeal allowed; ex-parte decree set aside; applications allowed on deposit of Rs. 7,500 costs payable to respondent.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI THURSDAY, THE 7TH DAY OF DECEMBER 2017/16TH AGRAHAYANA, 1939 FAO.No. 186 of 2017 () ----------------------I.A.NOS.568 AND 569 OF 2017 IN OS NO.205 OF 2010 OF THE ADDL. SUB COURT, PALAKKAD
APPELLANT(S)/PETITIONER/DEFENDANT:
VELAYUDHAN, AGED 53 YEARS, S/O.SANKARAN, KUNDUKAD MARAKKAVU, ERIMAYUR AMSOM, ALATHUR TALUK, PALAKKADU DISTRICT.
BY ADV. SRI.A.P.SUBHASH
RESPONDENT(S)/RESPONDENT/PLAINTIFF:
C.SURESH, AGED 43 YEARS, S/O.CHAMUKUTTY, CHERANADU, ERIMAYUR AMSOM, ALATHUR TALUK, PALAKKADU DISTRICT.
R1 BY ADV. SRI.R.HARISHANKAR R1 BY ADV. SMT.PARVATHY NAIR
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N. Ravindran &
Issues for consideration
2 issues framed by the court
Whether the appellant is entitled to be granted an opportunity to contest the suit after being set ex-parte and if so, on what conditions.
Whether the lower court's order dismissing the applications to set aside the ex-parte decree and condone delay was correct.
Parties & counsel
- appellant
Velayudhan
- respondent
C. Suresh
Coram
P.N. Ravindran
Case details
As recorded by the court registry
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