K.T.Hassan v. Kasim Kunju Ismail Pillai
Case brief
What is this about?
This writ petition under Article 227 challenged the dismissal of applications to correct a judgment and decree where the wrong name of the defendant appeared. The High Court invoked supervisory powers to set aside the decree against the mistaken party (who was deceased), allowed the amendment, re-posted the suit, and conditionally allowed the petition subject to payment of Rs. 3,000 for the inconv
What did the court decide?
Set aside decree against mistaken defendant; implead intended defendant; re-post suit; petitioner to pay Rs. 3,000 to High Court Legal Services Committee.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
TUESDAY, THE 19TH JUNE 2007 / 29TH JYAISHTA 1929
WP(C).No. 534 of 2004(L)
PETITIONER:
K.T.HASSAN,S/O.KUNJALIKUTTY, RESIDING AT KANNACHANTHODI VEEDU, ARIYANALLOOR,PARAPPANANGADI, THIROOR TALUK REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.N.SIVASANKARAN, AGED 63 YEARS, S/O. NEELAKANDAN, RESIDING AT CHETHIMATTOM HOUSE, KADAMALOORKARA, AYMANAM VILLAGE, KOTTAYAM.
BY ADV. SRI.NAIR AJAY KRISHNAN
SRI.A.S.SABU
SRI.NAGARAJ NARAYANAN
RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the High Court can invoke Article 227 to correct a mistake in the name of the defendant in the plaint as a matter of substantial justice.
Whether an ex parte decree passed against a wrongly named deceased person can be set aside to implead the intended defendant.
Whether conditions can be imposed on allowing a writ petition under Article 227 to cover costs of the inconvenience caused.
Parties & counsel
- petitioner
K.T.Hassan
- respondent
Kasim Kunju Ismail Pilla
- respondent
Abdul Sathar
Coram
Case details
As recorded by the court registry
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