IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 CRP.No. 1368 of 2004() ---------------------- AGAINST THE ORDER DATED 10/08/2004 IN IA.1350/03 IN OS.751/2001 of PRL.MUNSIFF COURT, IRINJALAKUDA .................... REVN. PETITIONER(S): 2ND RESPONDENT/2ND PLAINTIFF ------------------------------------------------------------------------------- GOPALAN, AGED 70 YEARS, S/O.VELAYUDHAN, PADUKKAPARAMBIL HOUSE, PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DT. BY ADV. SRI.RENJITH THAMPAN SMT.P.A.ANITHA RESPONDENT(S): PETITIONER AND RESPONDENTS 1, 3 AND 4 TO 11/ --------------- 1ST DEFENDANT & PLAINTIFF KUMARAN, S/O.PADUKKAPARAMBIL AYYAPPAN, } PARAPPUKKARA VILLAGE, DESOM, } R1 DELETED MUKUNDAPURAM TALUK, THRISSUR DT. } THE CAUSE TITLE IS AMENDED BY DELETING THE NAME OF THE 1ST RESPONDENT AND SUBSTITUTING THE NAMES OF HIS LEGAL REPRESENTATIVES GIVEN BELOW: 1. PARUKUTTY, AGED 70 YEARS W/O.KUMARAN, PADUKKAPRAMBIL HOUSE PARAPPUKKARA VILLAGE MUKUNDAPURAM TALUK, THRISSUR DT. 2. INDIRA, AGED 40 YEARS D/O.KUMARAN, PADUKKAPARAMBIL HOUSE PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT. (VIDE ORDER DATED 7.12.2004 IN I.A.NO.3704/2004) 3. NARAYANAN, S/O.VELAYUDHAN, PADUKKAPARAMBIL HOUSE, PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DT. 4. BHASKARAN, S/O.VELAYUDHAN, DO. CRP NO.1368/2004 5. GIRIJA, D/O.PADUKKAPARAMBIL BHASKARAN, DO. DO. 6. JOHN, S/O.ALAPPAT DAVIS, DO. 7. SURENDRAN, S/O.PADUKKAPARAMBIL MANI, DO. 8. GANGADHARAN, S/O.PADUKKAPARAMBIL MANI, DO. 9. SUJITH, S/O.PADUKKAPARAMBIL MANI, DO. 10. VASUDEVAN, S/O.PADUKKAPARAMBIL MANI, DO. 11. THOMAS, S/O.PULLOKARAN AGASTHI, DO. 12. JANAKY, W/O.KOPPADAN MADHAVAN, NENMANIKKARA VILLAGE, PAZHAYI DESOM, MUKUNDAPURAM TALUK. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP 1368/04 ORDER IN I.A.NO.3600/04 IN C.R.P.NO.1368/2004 DISMISSED 18.2.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- C.R.P.No.1368 of 2004 --------------------------------------------- Dated this the 18th day of February, 2009 ORDER The respondent, who is the 2nd plaintiff in O.S.No.751/01 on the file of the court of the Munsiff of Irinjalakuda, challenges the order dated 10th August 2004 in I.A.No.1350/03, by which the court below allowed the application under Rule 13 of Order IX of the Code of Civil Procedure and set aside the ex-parte decree passed on 3.4.2003. 2. The application under Order IX Rule 13 was filled by the first defendant. He stated that after contacting his lawyer for preparation of the case, which was listed to 2.4.2003, he was attacked by some of the plaintiffs and he was hospitalised on 1.4.2003. He was discharged from the hospital on 3.4.2003. The court below passed the ex-parte decree on 3.4.2003. The first defendant stated that he was prevented by sufficient cause from appearing before the court and there was no willful laches or default on his part. The first defendant gave evidence before the court and the discharge card issued by the Government Hospital, Pudukkad was produced to prove that he was admitted in the CRP No.1368/2004 2 hospital on 1.4.2003 and he was discharged on 3.4.2003. The court below accepted the evidence on the first defendant and held that there was justification for his non appearance when the suit was posted for trial in the list. On that ground, the court below was pleased to set aside the ex-parte decree. That order is under challenge at the instance of the second plaintiff. 3. The revisional court will be slow to interfere with an order setting aside the ex-parte decree. In the case on hand, there was sufficient reason for allowing the application filed by the first defendant. He was physically incapacitated to appear before court. It cannot be said that the order passed by the court below is illegal or without jurisdiction. The Civil Revision petition is without merits and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl