IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 30404 of 2008(T) --------------------------------------- OS.NO. 282/2006 OF MUNSIFF COURT, PARAPPANANGADI. .................... PETITIONER: ------------------- K.P.ANIRUDHAN, S/O.DHANANJAYAN NAIR, NODIYA PARAMBIL HOUSE, POST ARIYALLOOR, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNANUNNI (SR.), ADV. SRI.SAJU.S.A. RESPONDENT: --------------------- N.C.VISWANATHAN, S/O.GOVINDAN NAIR, N.C.GARDENS, POST ARIYALLOOR, MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. ------------------------------------------------------ W.P.(C) NO.30404 OF 2008 ------------------------------------------------------ Dated this the 23rd day of October, 2008 J U D G M E N T Heard learned counsel for petitioner. 2. Petitioner/defendant suffered an ex-parte decree under Order 8 Rule 10 of the Code of Civil Procedure, (for short, “the Code”), which was on 31-1-2008. Petitioner states that since it was a decree passed ex-parte, it could be treated as an order under Order 9 Rule 13 of the Code. Accordingly, petitioner submitted Exhibits P3 and P4 applications to set aside the “ex- parte” decree and condone the delay in submitting that application. 3. Grievance of the petitioner is that the said applications were returned stating there was no ex-parte order. Learned counsel for the petitioner submitted that learned Munsiff had to hear petitioner on the applications and pass appropriate W.P.(C) No.30404/2008 - 2 - orders which was not done. Learned counsel also submitted that the original of Exhibits P3 and P4 are in the custody of the petitioner since it was returned to him from the court. Learned counsel prays that petitioner may be permitted to re-present the original applications with a petition to condone delay. 4. If the original applications are properly represented before the court, learned Munsiff will hear the petitioner, if found necessary after giving notice to the respondent also and pass appropriate orders on the applications. Petitioner is granted ten (10) days' time from today to re-present the applications in that court. With the above directions, this writ petition is closed. Sd/- THOMAS P. JOSEPH, JUDGE skr // True copy // P.A. to Judge.