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. 126 of 2008(M) ------------------------------------ AGAINST THE ORDER IN I.A.4451/05 & IA.4452/05 IN OS.58/2004 OF PRINCIPAL SUB COURT,ERNAKULAM. .................... PETITIONER: ------------------- M.P.GOPINATHAN NAIR, S/O.LATE M.PADMANABHAN PILLAI, SREE PADMAM (CHANDRA VILASAM), MENON PARAMBU ROAD, EDAPPALLY, COCHIN 24. BY ADV. SRI.A.S.P.KURUP, ADV. SRI.SADCHITH.P.KURUP. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY (FINANCE), KERALA SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E) OFFICE OF THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 126 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Principal Subordinate Judge, Ernakulam whereby the Court has condoned the delay of 416 days in filing the application to set aside the exparte decree. The Court found that the explanation rendered is proper and therefore condoned the delay and set aside the exparte decree. 2. The learned counsel for the writ petitioner submits before me that there are no proper grounds at all and even necessary explanation is not given to condone the delay. There appears to be some force in the said contention. Admittedly the suit has been decreed exparte on 15.6.04. So the reason for condoning the delay commences 30 days thereafter. I do not find specific averments regarding the delay for not filing the petition in time. The learned Government Pleader would submit that if an opportunity is W.P.C 126 OF 2008 -:2:- given appropriate petition will be filed and evidence will be adduced. I find that an opportunity can be given and at the same time permission also is given to the writ petitioner herein to counter the case of the Government. Therefore the order under challenge is set aside and the matter is remitted back to the Court below for fresh consideration. The Government is permitted to file additional affidavit and adduce additional evidence in support of their contention for condoning the delay and set aside the exparte decree. The writ petitioner herein is also permitted to file counter affidavit and adduce evidence in support of his contention. The matter be disposed of in the light of the enunciated principles laid down in Sreedhara Kurup v. Mickel (1968 KLT 599) and Plantation Corporation of Kerala Ltd. v. Hussain (1998 (1) KLT 1008). Parties are directed to appear before the Court below on 11.2.08. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-