IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 CRP.No. 261 OF 2003() --------------------- AGAINST THE ORDER DATED 20/11/2002 IN IA.76/2002 IN OS.309/99 of MUNSIFF COURT, DEVIKULAM. .................... REVN. PETITIONER: PETITIONERS/RESPONDENTS 1 & 2 & DEFENDANTS 1 & 2 ------------------------------------------------------------------ 1. K.RAMAKUMAR, AGED 64 YEARS RESIDING AT "SUMTHRUPTHI", KALATHIPARAMBU LANE, ERNAKULAM. 2. T.RAMPRASAD UNNI, S/O.K.RAMAKUMAR, AGED 31 YEARS RESIDING AT "SUMTHRUPTHI", KALATHIPARAMBU LANE, ERNAKULAM. BY ADV. SMT.SARITHA DAVID CHUNKATH SRI.M.MANOJKUMAR (CHELAKKADAN) SRI.A.SAMEER SRI.R.JAYACHANDRAN SMT.SMITHA GEORGE SRI. P. RAJ KUMAR SRI. T.K. AJITH KUMAR RESPONDENTS: PETITIONERS & R3 IN I.A. AND PLAINTIFF & D3 IN O.S --------------------------------------------------------------- 1. PANDIAMMAL, AGED 41 W/O.MAHALINGAM, RESIDING AT HARIJAN COLONY, LEKSHMI KARA, ANAVIRATTY VILLAGE. 2. GANESAN ALIAS V.P.R.GANESAN, AGED ABOUT 48 YERS, RESIDING AT HARIJAN COLONY, LEKSHMI KARA, ANAVIRATTY VILLAGE. BY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP 261/03 ORDER ON CMP 658 OF 2003 IN CRP 261 OF 2003 DISMISSED 3.9.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ C.R.P.NO. 261 OF 2003 ------------------------------------------ Dated this the 3rd day of September, 2008 O R D E R This petition is filed under Section 115 of Code of Civil Procedure to set aside the order passed by Munsiff, Devikulam in I.A.76 of 2002, an application filed to restore I.A. 1725 of 2001, which was dismissed for default. Under the impugned order, learned Munsiff allowed the application on payment of cost of Rs.500/-. 2. The argument of the learned counsel appearing for petitioners is that the petition is filed without any bonafide and the order was passed without considering the objection and therefore it is to be set aside. 3. I.A.1725 of 2001 was filed to restore O.S.309 of 1999, which was dismissed for default. I.A. 1725 of 2001 was dismissed for default on 11.12.2001. Case of the petitioner is that his son was missing on the previous day and they were searching for the missing son and therefore he could not appear in Court. Though objection was filed, learned Munsiff allowed CRP261/03 2 the application only on terms. By allowing the application, learned Munsiff has only restored I.A.1725 of 2001. The application for restoration was also filed within the period of limitation. In such circumstances, I do not find any illegality as only opportunity was granted to the plaintiff to have an order on merits in I.A.1725 of 2001. Hence CRP 261 of 2003 is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/- CRP261/03 3 ============================= M.SASIDHARAN NAMBIAR, J. ORDER C.R.P.No.261 OF 2003 3rd September, 2008. ======================