D. G. Sisiliyan Swamalatha vs M. I. M. Farook – CA 135/1997-2011

In the case between D. G. Sisiliyan Swamalatha (Plaintiff-Appellant) and M. I. M. Farook (Defendant-Respondent), the court addressed whether the District Judge erred in setting aside a default judgment against the Defendant and permitting the Defendant to proceed with his defense upon prepayment of costs. The court determined that trial courts retain judicial discretion to set aside default judgments on appropriate terms, even where the factual justification for absence is not fully established, provided the imposition of costs compensates the adverse party. Reference was made to Sections 143 and 145 of the Civil Procedure Code, relevant case law, and guidance materials, reaffirming that adjournments or relief from default may be granted for genuine personal grounds, such as counsel’s illn