Stanly v. Elsamma
Case brief
What is this about?
High Court of Kerala quashed an appellate order dismissing an application for attachment before judgment. The court held it is not mandatory for a plaintiff seeking return of advance to prove readiness and willingness at that stage. Attachment was restored.
What did the court decide?
Order dated 11.04.2008 in I.A. 2116 of 2008 quashed. Conditional attachment restored till disposal of suit. Respondent at liberty to furnish security.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930
CRP.No. 395 of 2008()
--------------------AGAINST THE ORDER DATED 11/04/2008 IN IA.2116/2008 IN OS.318/2008 of I ADDL.SUB COURT, THRISSUR
REVN. PETITIONER: PETITIONER/PLAINTIFF:
STANLY, S/O. PULLADAN RAPPAI, CONVENT ROAD, KANIMANGALAM, KOORKKANCHERRY VILLAGE THRISSUR TALUK, NOW AT COMPANYPADY STOP, OLLUR.
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT: RESPONDENT/DEFENDANT:
--------------------ELSAMMA, W/O. MENACHERRY VARGHESE, D/O. NAYANKARA VARGHESE, NELLANKARA DESOM, NETTISSERY VILLAGE, THRISSUR TALUK.
Issues for consideration
2 issues framed by the court
Whether a plaintiff seeking return of advance amount must prove readiness and willingness to perform the agreement.
Whether dismissal of attachment before judgment application was justified on failure to prove readiness and willingness.
Parties & counsel
- petitioner
STANLY
- respondent
ELSAMMA
Coram
M. SASIDHARAN NAMBIAR
Case details
As recorded by the court registry
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