KABEER Vs. BINEESH

JUDGEMENT

(1.) Aggrieved by Ext.P3 order dated 17.6.2013 in O.S.No.86 of 2012 of the Court of the Subordinate Judge, Cherthala, the petitioner/defendant came up with this petition.

(2.) The lower court due to non-appearance of the defendant in person for exploring the possibility of a settlement out of court, struck off the written statement submitted by him under Ext.P3 order and proceeded with the suit which is under challenge.

(3.) Very serious questions are involved in the matter. For better understanding of the issue, it is fit and proper to extract the order of the lower court which is in the following lines: