IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 OP(C).No. 1307 of 2010(O) -------------------------------------- I.A.NO.1025/2010 IN OS.187/2005 of PRINCIPAL SUB COURT, KOLLAM .................... PETITIONER: ------------------ DEVAKI AMMA, SREEDEVI MANDIRAM, PERAYAM, UMAYANALLOOR, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): -------------------------- VIJAYAN PILLAI, VIJAYA MANDIRAM, PALAKKAL, THEVALAKKARA-690 524. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.T.SANKARAN, J. ------------------------------ O.P(C).No.1307 OF 2010 ------------------------------ Dated this the 3 rd day of January, 2011 JUDGMENT The plaintiff in O.S.No.187 of 2005 on the file of the Court of Principal Subordinate Judge, Kollam, whose suit was dismissed for default and whose application for restoration was dismissed by the order dated 24 th March, 2010(Ext.P3), challenges the order passed by the court below dismissing the application for restoration of the suit. The order is an order under Rule 9 of Order 9 of the Code of Civil Procedure. If so, the said order is appealable under Rule 1 (c) of Order 43 of the Code of Civil Procedure. Therefore, this Original Petition is not maintainable. 2. The learned counsel for the petitioner submitted that if an appeal is filed at this distance of time, the petitioner has to get the delay condoned. It is pointed out that this O.P(C).No.1307 OF 2010 2 Original Petition was filed on 15.11.2010. The petitioner would be entitled to point out before the Appellate Court, in the affidavit accompanying the application for condonation of delay that the Original Petition was filed on 15.11.2010 and it was disposed of on 3 rd January, 2011. If the petitioner satisfies the requirements of Section 14 of the Limitation Act, the Appellate Court will naturally take into account the same. With the above observations, the Original Petition is dismissed. K.T.SANKARAN, JUDGE. cms