IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 CRP.No. 1922 of 2001() ---------------------- OS.1143/1998 of PRL.M.C.,TRIVANDRUM .................... REVN. PETITIONER: ------------------ STATE BANK OF TRAVANCORE MANACAUD BRANCH, TRIVANDRUM BY ADV. SRI.R.S.KALKURA RESPONDENTS: ----------------- C.V.KRISHNAKUMAR HOUSE NO. 135, T.C. NO. 23/1733 PUTHENTHERUVU-1 SRIVARAHAM, TRIVANDRUM BY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 1922 of 2001 ------------------------------------------- Dated this the 27th day of June 2008 ORDER The plaintiff in O.S. 1143/1998 on the file of the Principal Munsiff's Court, Trivandrum is the revision petitioner The suit was instituted by the revision petitioner against the defendant for the recovery of an amount of Rs. 32,778/- being the loan outstanding availed by the defendant from the revision petitioner-Bank. Suit was instituted on 22.6.1998 and posted to 27.8.1998 for return of summons. There was no sitting on that date and the case was adjourned to 20.10.1998. On that date since the summons was returned unserved, the court below directed the revision petitioner- Bank to furnish correct address and posted the case to 7.12.1998 . Steps were taken by the revision petitioner-Bank on 24.10.1998 On 7.12.1998 the court below once again directed to take steps in the correct address. Steps were taken on 17.12.1998 The summons returned unserved and once again the case was posted to 24.3.1999 for sending fresh summons to the defendant. Again on 12.2.1999 the revision petitioner-Bank took steps but the same was returned unserved The court below once again directed to take fresh steps and posted the case to 5.7.1999 and the case was again re-posted to 9.8.1999. Once again the court below directed to take fresh steps in the correct address of the defendant and posted the case for return of summons to 18.9.1999. In the meanwhile the revision C.R.P No. 1922 of 2001 -2- petitioner-Bank on 31.8.1999 had filed an application for paper publication Over looking the said application the court below dismissed the suit on 18.9.1999 holding that the revision petitioner-Bank had not taken the steps in the correct address. Subsequently on 13.10.1999 the revision petitioner-Bank filed an application for restoration as I.A. 8253/1999 which was posted for return of notice to 22.2.2000 The same was dismissed on the ground that no steps was taken for service of summons in time and the I.A was dismissed on the first posting itself. However the revision petitioner-Bank had taken steps on 16.2.2000. But ignoring the same the said I.A was dismissed. Again the revision petitioner-Bank filed I.A 2628/2000 for restoration of I.A. 8253/1999. The same was posted to 25.5.2000 The notice in the IA was returned unserved and the court below directed to take fresh steps in correct address and posted the case to 31.5.2000 On 30.5.2000 the revision petitioner-Bank applied for paper publication stating the reason However the court below ignoring the application for paper publication dismissed the I.A. by its order dated 31.5.2000. Aggrieved by the said order the revision petitioner -Bank has come up in revision. 2. In spite of the fact that notice was issued to the respondent/defendant on several occasions, there was no appearance for the respondent/defendant. Therefore this Court ordered paper publication and thus completed service . The postings of the case before the court C.R.P No. 1922 of 2001 -3- below shows that the revision petitioner-bank was earnest in prosecuting the case . The court below was not justified in dismissing the I.As. I direct the court below to restore the suit on file and restore all Interlocutory applications filed during the course of the suit. In the result, this Civil revision petition is disposed of as above. There will be no order as to costs. HARUN-UL-RASHID, JUDGE es