SOP(C) No. 1864 of 2012 · Kerala High Court
Case at a glance
- Bench
- V CHITAMBARESH
Provisions considered
- Code of Civil Procedure, 1908 O. XI r. 13
Judgment
V.CHITAMBARESH,J. = = = = = = = = = = = = O.P(C) No.1864 of 2012 = = = = = = = == = = = Dated this the 15th day of June, 2012 J U D G M E N TThe court below by the order impugned has set aside the exparte decree on terms in a suit for realisation of money. The defendant contended that he was abroad in Doha in connection with an employment and so could not notice the paper publication effected by the plaintiff. 2. The defendant through his power of attorney holder filed an application to set aside the exparte decree under Order XI Rule 13 of the Code of Civil Procedure. Thedefendant has also deposited a sum of Rs.4,50,000/-(Rupeesfour lakhs fifty thousand only) to cover the plain claim in order to prove his bonafides. The court below has set aside the exparte decree on condition that the defendant pays asum of Rs.5,000/-(Rupees five thousand only) as costs to the plaintiff. O.P(C) No.1864 of 201223. The court below has after all afforded an opportunity to the defendant to contest the suit on merits. The court below has exercised its discretion in fixing the costs to be paid to the plaintiff. The fact that the paper publication was effected at a time when the defendant is alleged to be abroad is a relevant factor. I do not find any infirmity to interfere in the order impugned. The Original Petition fails and is dismissed. V.CHITAMBARESH.JUDGEsmm O.P(C) No.1864 of 20123 O.P(C) No.1864 of 20124
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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