Pankajakshi v. Gopalan
Case brief
What is this about?
The High Court of Kerala allowed this first appeal against an order dismissing a suit for default. It set aside the dismissal, set the application to set aside the default on terms, and restored the suit to file for expeditious trial.
What did the court decide?
Order IX Rule 9 application allowed, suit restored to file subject to deposit of Rs. 5,000/- as costs.
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
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
FAO.No. 267 of 2013 ()
ORDER DATED 7.6.2013 IN IA NO.7063/2012 IN OS NO.292/2010 OF THE FIRST ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT(S)/PETITIONER/PLAINTIFF:
PANKAJAKSHI, W/O.BALAN NAIR, AGED 64 YEARS, PADINHARECHAKKATT, NELLICODE AMSOM DESOM, KOZHIKODE THALUK AND DISTRICT.
BY ADVS.SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR
RESPONDENT(S)/RESPONDENTS:DEFENDANTS
1. GOPALAN, S/O.KELU, AGED 47 YEARS,, ANNIYARKANDI HOUSE, IRINGALLOOR AMSOM, PUTHOOR DESOM, KOZHIKODE TALUK- 673 014.
Issues for consideration
2 issues framed by the court
Whether the order dismissing the suit for default is maintainable given non-appearance by the appellant alone but presence of her husband and filing of his affidavit.
Whether the suit should be restored to file and trial proceeded despite the default dismissal.
Parties & counsel
- appellant
Pankajakshi
- respondent
Gopalan
- respondent
M. Pareekutty
- respondent
M. Hassn
- respondent
Ayisabi
- respondent
Case details
As recorded by the court registry
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