The grievance of the petitioner is that the court below dismissed the suit for default by refusing to grant the prayer for adjournment on medical ground. It is also averred that the restoration application filed by the petitioner is posted to 25-10- 2014 for appearance of the respondent.
2. Ext.P1 suit is filed by the plaintiff before the Munsiff's court, Kottayam for getting certain reliefs. He had also filed an interlocutory application i.e., I.A.No.2434/2013 in the above suit in which the court below passed Ext.P4 order. The suit was listed for trial. Unfortunately, the petitioner who was in Bangalore had suffered a fracture. Coming to know about the posting of the suit for trial, he sent a medical certificate to the counsel showing his inability and incapacity to travel to Kottayam to appear before the court.
3. The counsel concerned, on the basis of the medical certificate, moved the court below to remove the suit from the list. Surprisingly enough, the court below adjourned the case to 22-9-2014 on which date the suit was dismissed for default.
4. The grievance of the petitioner is that within four days of the dismissal of the suit for default, he had filed a restoration application. The petitioner apprehends that if Ext.P4 order is implemented during the pendency of the restoration petition, the very purpose of the suit will defeated.
5. The court should not have dismissed the suit without applying its mind to the facts of the case. The petitioner had produced medical certificate and the counsel concerned had moved an application for removing the case from the list showing the reason. The court below ought to have removed the case from the list when it was fully aware of the fact the trial could not be conducted. Whatever that be, after having dismissed the suit, restoration application has been filed within four days and that application is being adjourned from time to time without any justification.
6. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
7. This petition is allowed directing the Munsiff Court, Kottayam to take up Ext.P7 I.A.NO.2525/2014 and dispose it of in accordance with law as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Stu P.BHAVADASAN, JUDGE.
//True copy// P.A to Judge