IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 CRP.No. 268 of 2008() --------------------- AGAINST THE ORDER DATED 27/11/2007 IN IA.1408/2007 IN OS.24/2004 of MUNSIFF COURT, CHALAKUDY .................... REVN. PETITIONER: RESPONDENT/PLAINTIFF -------------------------------------- JOSE, S/O.ELINJIPPILLY CHAKKUNNY MELADOOR DESOM, ALATHOOR VILLAGE MUKUNDAPURAM TALUK. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ RESPONDENTS: PETITIONERS/DEFENDANTS ---------------------------------------------------------------- 1. CHINNAMMA, W/O.MUNDAMANI JOSEPH CHALAKUDY DESOM, EAST CHALAKUDY VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. BIJI, D/O.MUNDAMANI JOSEPH, MUNDAMANI HOUSE, CHALAKUDY P.O.DESOM, EAST CHALAKUDY VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.268 of 2008 ------------------------------------------- Dated this the 19th day of March, 2008 ORDER This revision petition is preferred against the order of the Munsiff, Chalakudy in I.A.No.1408/07 in O.S.No.24/04 whereby the court below had set aside the exparte decree and posted the case to 1.12.2007. 2. It is argued by the learned counsel for the revision petitioner that the grounds alleged are not proper and incorrect and therefore, the court should not have granted an opportunity. 3. I find that the petition has been filed in time and some evidence has been adduced and in the light of the decision reported in Sreedhara Kurup vs. Mickel (1968 KLT 599), brooding principles of natural justice always mandates the court to give an opportunity to hear the matter and dispose of it unless there is gross negligence or grave misconduct. There is nothing to show that there has been grave misconduct or gross negligence and therefore, the discretion has been properly exercised and I do not want to interfere with the judicial discretion exercised by the lower court. The C.R.P. is dismissed. M.N.KRISHNAN, JUDGE csl