P. Somarajan, J.

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:

"Plaintiff present. Defendant not present. As there is direction of this court for both parties to present to see chance for compromise. Since defendant failed to appear his written statement is strucked off from the file by virtue of Order 10, Rule 4 (2) CPC. For Balance Court Fee to 23.07.2013."

4. The first question that would arise for consideration is whether it is proper on the part of the lower court to strike off the written statement on the ground of non-appearance of the defendant for having a settlement. Secondly, what is the jurisdiction vested with the co