IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 OP(C).No. 192 of 2011(O) ------------------------------------ O.S.NO. 475/2010 of II ADDITIONAL SUB COURT, ERNAKULAM .................... PETITIONERS -------------------- N.K. MOHANAN, S/O.N.K. NARAYANA PILLAI, AGED 47 YEARS, RESIDING AT NERIYAMKOTTU HOUSE, NEAR DEVIKULANGARA TEMPLE, EDAPPILLY, ERNAKULAM - 682 024. BY ADV. SRI.M.HARI SHARMA RESPONDENT(S): -------------------------- VIJAYA BANK, BROADWAY BRANCH, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SMT.J.SHEEBA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts O.P.(CIVIL) NO.192/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN OS NO.474 OF 2010 PENDING BEFORE THE II ADDITIONAL SUB COURT, ERNAKULAM. P2 COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN OS NO.474 OF 2010 PENDING BEFORE THE ADDITIONAL SUB COURT, ERNAKULAM. P3 COPY OF THE PLAINT IN OS 244 OF 2010 PENDING BEFORE THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. P4 COPY OF THE WRITTEN STATEMENT IN OS 244 OF 2010 PENDING BEFORE THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. P5 COPY OF THE PETITION FILED IN OS NO.475 OF 2010 PENDING BEFORE THE II ADDITIONAL SUB COURT, ERNAKULAM FOR SETTING ASIDE THE EX-PARTE ORDER DATED 12/01/2011. P6 COPY OF THE PETITION FILED IN OSNO.475 OF 2010 PENDING BEFORE THE II ADDITIONAL SUB COURT, ERNAKULAM TO REMOVE THE CASE FROM LIST DATED 12/01/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 192 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011. ORDER In a suit instituted by the Bank, the petitioner herein was the defendant. He is said to have availed of a loan of Rs.50,000/-. On the failure of the petitioner to repay the loan amount, the suit was instituted. Petitioner entered appearance and filed a written statement. This court is given to understand that there were several postings for pre-trial steps and finally the case was posted to 24.12.2010, on that day accidentally a holiday was declared and thereafter Christmas Holidays started. 2. The petitioner would say that the case was listed to 11.1.2011, about which he was not aware and he had noted the date wrongly and therefore he did not appear on that day. On that day, the plaintiff submitted their proof affidavit and the same was taken on file. As soon the petitioner came to know about the order, he moved I.A.336 O.P.(C).192/2011. 2 of 2010 in O.S.475 of 2010 to set aside the ex-parte order against him. That is said to be still pending and the case is said to have taken up for judgment. 3. The only prayer of the petitioner is that the court below may be directed to dispose of the petition before proceeding further with the matter. 4. Learned counsel appearing for the respondent pointed out that several opportunities were given to the petitioner to take pre-trial steps and he failed to do so. Under those circumstances the case came to be listed on 11.1.2011. According to learned counsel there no substance in the contention of the petitioner that he was unaware of the posting of the case. 5. Whatever that be, the fact remains that the petitioner has filed a written statement in the suit taking contentions, which may be tenable or untenable. However, he is entitled to have an opportunity of being heard and he is entitled to adduce evidence also. There was no reason as to why I.A.336 of 2010 is kept pending. In fact if that had O.P.(C).192/2011. 3 been allowed by this time, the matter would have been over by now. In the result, there will be a direction to the IInd Additional Sub Court, Ernakulam, where O.S.475 of 2010 is pending, to take up I.A.336 of 2010 and dispose of the same in accordance with law before proceeding further with the suit. P. BHAVADASAN, JUDGE sb.