IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 19823 of 2009(O) -------------------------- OS.84/2007 of MUNSIFF COURT, PUNALUR .................... PETITIONER(S): --------------- VIJAYAN NAIR S/O.VELAYUDHAN PILLAI, PANACHU VILAKATHU VEEDU CHIRYINKEEZHU,SARKARA VILLAGE,CHIRAYINKEEZHU TALUK BY ADV. SRI.M.DINESH RESPONDENT(S): --------------- MOHANAN, S/O.RAMAN, RATHEESH BHAVAN, PATHANAPURAM TALUK KULATHUPUZHA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 19823/09) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE PLAINT IN O.S.NO.84/07 OF THE MUNSIFF'S COURT, PUNALUR.. EXT.P2: TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.84/07 OF THE MUNSIFF'S COURT, PUNALUR. EXT.P3: TRUE COPY OF THE COMMISSION APPLICATION I.A.NO.2250/08. EXT.P4: TRUE COPY OF THE ORDER IN I.A.2250/08 IN O.S.NO.84/07 OF THE MUNSIFF'S COURT, PUNALUR. S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19823 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 4th November, 2009 JUDGMENT Writ Petition has been filed by the plaintiff in O.S.No.84 of 2007 on the file of the Munsiff Court, Punalur challenging the dismissal of an application for appointment of an advocate commissioner. P4 is that order. At the time of hearing, learned counsel for the petitioner submits that the case stood posted in the special list for trial on the day when the writ petition was moved. The suit happened to be dismissed for default despite the submission made by the counsel as to the filing of the writ petition against P4 order, according to the learned counsel. In view of the dismissal of the suit, there is no scope for examining the merit of P4 order challenged in the writ petition. 2. On the admission of the writ petition, an order of stay was granted by this court on 15.7.2009. It was on the very same day, the suit was also dismissed by the court below probably on account of the default of the plaintiff to prosecute the suit. Whatever that be, as it is reported that the petition for restoring the suit is pending, the court below is directed to take note of the order of stay granted by this court on the date the suit was dismissed while considering the W.P.C.No. 19823/09 - 2 - application for restoration. The court below is directed to take a decision on the application for restoration within a period of three weeks from the date of production/receipt of a copy of this judgment. In case, the suit is restored and taken on file, irrespective of P4 order passed by the court, it will also examine the commission application moved by the plaintiff afresh and dispose it in accordance with law. Writ Petition is disposed as above. Handover a copy of the judgment to the counsel for the petitioner and send a copy of the judgment to the court concerned. srd S.S. SATHEESACHANDRAN, JUDGE