IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 CRP.No. 1804 of 2003(D) ----------------------- ( IA.1582/03 IN OS.24/2000 of MUNSIFF COURT, OTTAPPALAM ) REVN. PETITIONER/ RESPONDENT/DEFENDANT ----------------------------------------------------------------------- SIVAN, S/O. CHARAKKUMALIL PADMANABHAN, CHERPULASSERY AMSOM, PANNIYAMKURUSSI DESOM, OTTAPALAM TALUK. BY ADV. SRI.T.SETHUMADHAVAN ADV. SRI.PUSHPARAJAN KODOTH ADV. SRI.K.JAYESH MOHANKUMAR RESPONDENT/PETITIONER/PLAINTIFF ----------------------------------------------------- KRISHNANKUTTY, S/O. THAZHATHODIYIL PACHU, CHERPULASSERY AMSOM, PANIYAMKURUSSI DESOM, OTTAPALAM TALUK. BY ADV. SRI.D.NARENDRANATH ADV. SRI.M.HARISHARMA ADV. SRI.T.P.ELDHOSE THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.NO.1804 OF 2003 ORDER ON I.A.NO. 1689 OF 2003 IN C.R.P.NO.1804 OF 2003 DISMISSED. 08.01.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 1804 OF 2003 ................................................................................... Dated this the 8th January, 2008 O R D E R The suit filed by the respondent herein was dismissed for default and it was restored to file. Again when the suit was listed for trial on 27.06.2003, the respondent/plaintiff did not appear and the suit was dismissed for default. I.A.No. 1582 of 2003 was filed under Order IX Rule 9 of the Code of Civil Procedure. The court below considered the facts and circumstances of the case and exercised the discretion to restore the suit on condition of payment of Rs.750/- as cost. The defendant challenges the said order in this Revision. 2. The court below took note of the fact that the respondent/plaintiff is an old man aged 68 years. His case was that he was not in a position to appear before the court on 27.06.2003 since he was having high blood pressure. It is also stated that he had renal problems . The exercise of discretion by the court in the matter of allowing an application under Order IX Rule 9 of the Code of Civil Procedure cannot be lightly interfered with in Revision under Section 115 of the Code of Civil Procedure. 3. However, I am of the view that the cost awarded by the court below is on the lower side. In the facts and circumstances of the case , it is only proper to award cost of Rs. 2000/- as a condition for allowing I.A.No. 1582 of 2003. It is stated that the plaintiff has already deposited Rs. 750/-. If so, he shall deposit the balance amount of Rs.1,250/- within a period of one month from today. If the plaintiff fails to pay the cost, I.A.No.1582 of 2003 shall stand dismissed. C.R.P. No. 1804 OF 2003 2 The Civil Revision Petition is partly allowed in the manner indicated above. No order as to costs. K.T. SANKARAN, JUDGE. lk