IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 18566 of 2008(I) -------------------------- AGAINST THE ORDER DATED 02/04/2008 IN IA 507/08 IN OS.219/2007 of MUNSIFF'S COURT,THODUPUZHA .................... PETITIONER: ------------ RAMESH S/O.PERUMAL PILLAI THAZHATHETHAYIL HOUSE, KUDAYATHOOR P.O. KUDAYATHOOR VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENT: ------------- P.OMANA W/O.PRAKASHAN VALIYAVEETTIL HOUSE, KUDAYATHOOR P.O. KUDAYATHOOR VILLAGE, THODUPUZHA TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 18566 OF 2008 =========================== Dated this the 20th day of June, 2008 JUDGMENT Petitioner is the defendant and respondent the plaintiff. An ex parte decree was passed against the petitioner. Petitioner filed an application under Rule 13 of Order IX of Code of Civil Procedure to set aside the ex parte decree. It was allowed on payment of cost, which is to be paid within fifteen days. Petitioner did not pay the cost within the period and filed an application to enlarge the time. Learned Munsiff dismissed the application and consequently dismissed the application filed under Rule 13 of Order IX as cost was not paid. This petition is filed under Article 227 of the Constitution of India challenging that order. 2. What is being challenged by the petitioner is the dismissal of the application filed under Rule 13 of Order IX. When an appeal is provided W.P.(C)18566/2008 2 under Order XLIII Rule (1)(d) of the Code remedy of the petitioner is to file an appeal and not to approach this court under Article 227. Writ Petition is dismissed with liberty to the petitioner to challenge the order by filing an appeal as provided under Order XLIII Rule 1(d) of Code of Civil Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006