**Padanilam Higher Secondary School v. Holi Bhadrakali (Idol) of Muthukattukara Bhagavathi Temple
Case brief
What is this about?
Ex parte decree; setting aside ex parte decree; Order IX Rule 13 CPC restoration petition; dismissal for non-compliance with conditional costs; erroneous compliance date 06.01.2024 versus actual call date 06.01.2023; Christmas vacation closure; enhancement/refixation of costs from Rs.3,000/- to Rs.10,000/-; conditional restoration with default clause affirming trial court order; F.A.O. No.141 of 2024; O.S. No.111 of 2013, Sub Court, Mavelikkara; Padanilam Higher Secondary School; Muthukattukara Bhagavathi Temple trust. Relevant to appellate practice where an Order IX Rule 13 petition is dismissed for delay in paying conditional costs attributable to clerical error, and to the device of enhancing costs as a precondition for allowing restoration and a further opportunity to litigate on merits.
What did the court decide?
Appeal allowed; impugned trial court order dated 06.01.2023 set aside; Restoration Petition No.11 of 2021 allowed subject to payment of Rs.10,000/- as cost to the respondents' counsel and Rs.3,000/- to the District Legal Services Authority, Alappuzha (with receipt) on or before 26.05.2025; on default, the appeal to stand dismissed affirming the trial court order. Compliance verification listed on 19.05.2025.