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1992 Supreme(Ker) 399

K.S.PARIPOORNAN
Mathai – Appellant
Versus
Rosamma Mathew – Respondent


ORDER

K.S. Paripoornan, J.

1. The first counter petitioner in I. A. No. 4541 of 1989 (first defendant in O. S. No. 258 of 1984), Principal Sub Court, Kottayam, is the revision petitioner. The petitioner and the second counter petitioner in the court below (plaintiff and the second defendant in the suit) are the respondents herein. The first respondent herein (the plaintiff in the suit) filed a petition for restoration of the suit dismissed for default, to file. The court below allowed the same, by order dated 5-12-1990. The first defendant has come up in revision, against the afore - said order passed by the court below.

2. I heard counsel for the revision petitioner, Mr. K. C. John, as also counsel for the first respondent, Mr. Roy Chacko.

3. The revision petitioner and the first respondent are the husband and wife. There seems to be some difference of opinion between them. The suit was filed as early as in 1984. The suit was filed and conducted in the lower court by the plaintiff through a power of attorney holder. The revision petitioner herein (first defendant) filed I. A. No. 2215 of 1P85 for directing the plaintiff to appear in person in the court. The court below allowed the sai










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