JUDGMENT

Petitioner filed O.S.No.345 of 2009 in the court of learned Sub Judge, Ernakulam for a decree for prohibitory injunction to restrain respondent No.2, a company from siphoning its funds and for other reliefs. Respondent No.2 appeared in the suit on 04-06- 2009 but, did not file a written statement in spite of sufficient opportunity given to it. Thereon it was set ex parte on 18-08-2009. Suit was listed for trial on 20-05-2010. By that time respondent No.2 filed written statement with an application to set aside the ex parte order against it. That application was opposed by petitioner contending that there is no good cause shown by respondent No.2 to set aside the ex parte order against it and that there is huge delay in filing the application. Learned Senior Advocate tells me that there was also an application filed by petitioner to summon respondent No.2 for cross examination on the affidavit it filed but learned Sub Judge without even referring to that application, casually allowed the application, set aside the ex parte order and received the written statement which has resulted in much difficulties and inconvenience to the petitioner. Learned Senior Advocate has taken m