IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 36157 of 2007(D) --------------------------------------- I.A 933/07 IN O.S. NO.575/2002 OF MUNSIFF COURT, HOSDRUG .................... PETITIONERS: --------------------- 1. K.NARAYANAN, AGED 48 YEARS S/O. LATE RAMAN MANIYANI RESIDING AT KANNOTH, PULLUR VILLAGE HOSDURG TALUK. 2. K.GOVINDAN, AGED 46 YEARS S/O. LATE RAMAN MANIYANI RESIDING AT KANNOTH, PULLUR VILLAGE HOSDURG TALUK. BY ADV. SRI.T.K.VIPINDAS. RESPONDENTS: ----------------------- 1. B.NARAYANI,D/O.P.KOTTAN, RESIDING AT KANNOTH, PULLUR VILLAGE HOSDURG TALUK. P.O. IRIYA. 2. B.SYAMALA, D/O.P.KOTTAN, RESIDING AT KANNOTH, PULLUR VILLAGE HOSDURG TALUK. P.O. IRIYA. 3. B.BINDU,D/O.P.KOTTAN, RESIDING AT KANNOTH, PULLUR VILLAGE HOSDURG TALUK. P.O. IRIYA. W.P.(C). NO.36157/2007: 4. B.RAMACHANDRAN,S/O.KOTTAN RESIDING AT KALLIOT IN PERIYA VILLAGE HOSDURG TALUK. P.O. KANHIRADUKKAM. R1 TO R3 BY ADV. SRI. M. SASINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36157/2007-D: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER IN I.A. NO. 933/2007 IN O.S. 575/2002 DTD. 12/06/2007. EXT.P.2: COPY OF THE PETITION IN I.A. 934/2007 IN I.A. NO. 1672/2003. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 36157 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is filed seeking to set aside the order in I.A.933/07 in O.S.575/02. It was an application by defendants 1 and 2 to set aside the exparte decree passed on 6.2.2007. The Court below on a consideration of the entire materials set aside the exparte decree on payment of cost of Rs.1,500/- within a period of 10 days from 12th June, 2007. The amount was not paid and therefore the application stood automatically dismissed. It is against that decision defendants 1 and 2 have preferred this writ petition. 2. After hearing both sides I feel some leniency can be shown as the counsel for the writ petitioner submits that if a reasonable time is given the costs can be paid. I had perused the order of the Court below. There were sufficient reasons such as ailment for non-appearance. The broad principles of natural justice demand that the matter be heard on merits unless there is gross negligence or grave W.P.C 36157 OF 2007 -:2:- misconduct. It is submitted that on account of the poor financial back ground they were unable to pay the amount. So taking into consideration those aspects I set aside the order of dismissal of the I.A. and allow the same and set aside the exparte decree on payment of Rs.1,500/- as costs as ordered by the Court below within a period of three weeks from today. If the amount is not paid within three weeks the writ petition will stand dismissed and any prayer for extension of time will not be entertained. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-