IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 CRP.No. 431 of 2009(D) --------------------- CMA.21/2008 of SUB COURT, PERUMBAVOOR .................... REVN. PETITIONERS/ RESPONDENTS/RESPONDENTS/PLAINTIFFS: ------------------------------------------------------- 1. P.P.JOSE, AGED 61, S/O.LATE P.P.PAILY, PALAKKATTU HOUSE, PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK, NOW RESIDING AT PALAKKATTU HOUSE, THIRUVANKULAM KARA, THIRUVANKULAM VILLGE, KANAYANNUR TALUK. 2. P.P.PAULOSE, AGED 64,S/O.LATE P.P.PAILY, PALAKKATTU HOUSE, KUZHEEKKADU KARA, NOW PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK. BY ADV. MR.P.N.RAMAKRISHNAN NAIR MR.P.VISWANATHAN RESPONDENTS/APPELLANTS/PETITIONERS/DEFENDANTS: ------------------------------------------------ 1. DISTRICT COLLECTOR, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 4. TAHSILDAR, KUNNATHUNADU TALUK. GOVERNMENT PLEADER MR.RAVIKRISHAN FOR RESPONDENTS. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.431 of 2009 - D --------------------------------- Dated this the 16th day of September, 2009 O R D E R Revision is directed against the judgment dated 21.8.2008 passed in C.M.A.No.21 of 2008 by the learned Sub Judge, Perumbavoor. The respondents, the State and three of its public officials, the defendants in O.S.No.569 of 1989 on the file of the Munsiff Court, Perumbavoor, against whom an exparte decree had been passed in the above suit had moved an application under Order IX Rule 13 CPC with a petition to condone delay. The learned Munsiff after hearing both sides dismissed that application. Against that order, the respondents preferred the above C.M.A which after hearing both sides was allowed by the learned Sub Judge. Propriety and correctness of that judgment is challenged in the revision. 2. Government pleader has taken notice for the respondents. I heard the counsel on both sides. 3. Learned counsel for the petitioner assailed the judgment rendered by the learned Sub Judge contending that C.R.P..No.431 of 2009 - D 2 there was inordinate delay in moving the application to set aside the exparte decree. No sufficient cause was shown by the defendants, the State and its public officials for condoning the long delay of four years and five months in setting aside the exparte decree, is the submission of the learned counsel. Perusing the judgment impugned, I find that the defendants are the State and public officials was taken into account by the learned Judge to exercise his discretion to hold that in the given facts of the case, the delay has to be condoned and the exparte decree set aside. There is nothing to show that the exercise of the discretion is perverse. Needless to point out the State can function only through human agency and inevitably on account of the latches and defaults of its officials timely action is delayed with the result the interest of the State are severely affected. In considering the interests of the State it has to be noted that it is interest of the public in general. So much so, I find that the discretion exercised by the learned Sub Judge in condoning delay and setting aside the exparte decree cannot be found fault with. The suit is stated to be one for declaration of title over the plaint C.R.P..No.431 of 2009 - D 3 property which, subsequently, is stated to have been acquired for a public purpose. Petitioner on the basis of the decree is pursuing his rights to claim compensation. A decision on merits after trial of the suit appears to be necessary to advance the ends of justice. I direct the court below to give the suit top priority in hearing and dispose it expeditiously, after giving reasonable opportunity to both sides to lead evidence in support of their respective case. Revision is disposed of. S.S.SATHEESACHANDRAN, JUDGE. bkn/-