K A ROBERT Vs. LEELA KURIAN

JUDGEMENT

(1.) THOUGH the matter is listed for admission today, by consent of the learned counsel for the parties to the lis, the matter is taken for final hearing.

(2.) APPELLANT challenges the order passed by the Sub Court, Kochi in an application filed under Order IX Rule 13 of Code of Civil Procedure. The respondent has obtained an exparte decree for money.

(3.) THE application has been filed without any delay. It may be true that there is no oral evidence as such by the appellant or by the advocate clerk. But, the suit is for realisation of an amount of about Rs.6 lakhs. We think that an opportunity should be given to substantiate the contentions of the appellant and there should be an adjudicated decision, but, it cannot be an unconditional order. Accordingly, we pass the following order. THE appeal is allowed, the application filed by the appellant will stand allowed and the impugned order will stand set aside on condition that the appellant will pay a sum of Rs.3,000/- (Rupees three thousand only) as costs to the learned counsel appearing on behalf of the respondent within a period of ten days from today and produce memo to that effect. If the cost is not paid as directed, the appeal will stand dismissed, and, if the cost is paid the Sub Court, Kochi will take up O.S.No.276/2008 on 9.7.2012. THE parties shall appear before the Sub Court on that day. THE Sub Court will proceed to dispose of the suit finally within a period of two months from 9.7.2012.