IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 AS.No. 911 of 1996(B) -------------------------------- OS.6/1995 of ADDL.SUB COURT, ALAPPUZHA .................... APPELLANTS/DEFENDANTS 1 & 2: --------------------------------------------------- 1. THE STATE OF GUJARAT, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF GUJARAT, GANDHI NAGAR, AHMEDABAD. 2. DIRECTOR OF CENTRAL MEDICAL STORES ORGANISATION, OFFICE OF THE CENTRAL MEDICAL STORES ORGANISATION, G. BLOCK, GROUND FLOOR, CIVIL HOSPITAL BUILDING, SECTOR-12, GANDHINAGAR, GUJARAT. BY ADV. SRI.C.N.RADHAKRISHNAN RESPONDENT/PLAINTIFF: -------------------------------------- THE KERALA STATE DRUGS AND PHARMACEUTICALS LTD. KALAVOOR P.O., ALAPPUZHA DISTRICT-688 522, REPRESENTED BY ITS PERSONNEL MANAGER S. RAMACHANDRAN. BY ADV. SRI.B.SAJEEV KUMAR,SC,DRUGS & PHARMACEUTICALS. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 28/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN,J ---------------------- A.S. No.911 OF 1996 ----------------------------------- Dated this the 28th day of June, 2010 J U D G M E N T This is an appeal preferred against the judgment and decree of the Subordinate Judge, Alapuzha in O.S.No.6/95. The suit was for declaration and injunction. A perusal of the plaint would read that serious contentions are raised in the plaint. Summons was served on the defendants. But they did not appear in the court. On the basis of the affidavit, a decree was granted. 2. Learned counsel for the appellant would submit that large number of questions are involved in the suit and an opportunity has to be given to appear before the court below and contest the case. 3. The judgment did not reflect the mental application of the judge on the points raised in the plaint even when the defendant is set exparte. Since I find that serious matters are involved, it is just that an opportunity is given to the defendant to put forward his case by filing written statement. Therefore the judgment and decree of the court below are set aside and the matter is remanded back to the trial court for fresh consideration A.S. No.911/96 2 after affording an opportunity to the appellant namely, defendants to file a statement before the court below and then raise appropriate issue and thereafter proceed with trial in accordance with law and then dispose of the matter. The parties are directed to appear before the court below on 26.7.2010 and in case the plaintiff is not present, the defendant is directed to take out notice to plaintiff for a proper disposal of the case. M.N. KRISHNAN, JUDGE. Sou.