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Judgment
C.Jayachandran, J
The petitioner is the defendant in the suit, C.S. No.33/2023 of the Principal Sub Court/Commercial Court, Kottayam. The petitioner was set ex parte on 10.01.2024. An application to set aside ex parte order was filed on 18.01.2024. Although the said petition to set aside the ex parte order was heard and dismissed on 26.02.2024, a copy of the said order has not been issued, is the limited grievance of the petitioner. The petitioner would hasten to add that without issuing the order dismissing the application to set aside the ex-parte order, the suit was proceeded with, evidence was recorded and the case now stands posted to 22.03.2024 for judgment.
Opposing the above referred submissions, learned Senior Counsel for the respondent would submit that the written statement in a Commercial suit was not filed within the prescribed time of thirty days and that, the same was filed, only along with the application to set aside the ex parte order, on 18.01.2024. However, learned Senior Counsel would also endorse that the copy of the order dismissing the petition to set aside the ex parte order dated 26.02.2024 has not been issued.
In the above referred circumstances, this Court is of the opinion that the suit cannot be proceeded with, unless and until, the order dismissing the petition to set aside the ex parte dated 26.02.2024 is issued to the petitioner.
In the circumstances, there will be a direction to keep in abeyance all further proceedings in the suit C.S. No.33/2023, until the order dated 26.02.2024 is issued and also for a further period of two weeks from the date of issuance of such order, so as to enable the petitioner to pursue his legal remedies, if any, from the said order dated 26.02.2024.
The Original Petition is disposed of as above.