IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 OP(C).No. 829 of 2011(O) ------------------------ AGAINST THE ORDER DATED 10/12/2010 IN IA 2121/2009 IN OS.29/2003 of SUB COURT,KOTTARAKKARA .................... PETITIONER: ------------------- RADHAKRISHNA PILLAI, S/O. RAMAN PILLAI, THUNDILPUTHEN VEEDU, THEKKUMCHERRY, PUTHOOR, KOLLAM DISTRICT, REPRESENTED BY BAHULEYAN PILLAI, RESIDING AT THUNDILPUTHEN VEEDU, THEKKUMCHERRY, PUTHOOR, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- KARUNAKARAN N., S/O. NARAYANAN, VRINDAVANAM, KOTTATHALA, KOLLAM DISTRICT 691 518. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ O.P.(C).No.829 of 2011 ------------------------------------ Dated this the 28th day of February, 2011 JUDGMENT The application filed by the petitioner to set aside the ex-parte decree was allowed on payment of costs. The petitioner failed to pay costs in time and therefore, the application under Rule 13 of Order 9 of the Code of Civil Procedure was dismissed. Dismissal of an application under Rule 13 of Order 9 is appealable under Rule 1 (d) of Order 43. Reserving the right of the petitioner to file an appeal, the Original Petition is dismissed. K.T.SANKARAN JUDGE csl