Parakandy Harsha v. Dr. Rajan
Case brief
What is this about?
The High Court of Kerala dismissed an appeal against orders rejecting an indigent person application. The court held the application was rightly rejected due to non-disclosure of property value under Order XXXIII Rule 5 CPC. It further ruled that suing a hospital for negligence falls within the prohibition of Section 69 of the Cooperative Societies Act. Thus, the plaint was un-maintainable. Time f
What did the court decide?
Two months' time granted to pay court fee before the suit is numbered. Appeal finally dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN &
THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931
FAO.No. 250 of 2006()
OPI.3/2004 of SUB COURT, QUILANDY
.................... APPELLANTS/PETITIONERS IN OP
- PARAKANDY HARSHA, AGED 18 YEARS, D/O.GANGADHARAN, RESIDING AT PANDARAKANDY MEETHAL, MOODADI AMSOM, VELLARKKAD DESOM, KOYILANDI TALUK.
- PARAKANDY GANGADHARAN, S/O.KESAVAN, RESIDING AT PANDARAKANDY MEETHAL, MOODADI AMSOM, VELLARKKAD DESOM, KOYILANDI TALUK.
BY ADV. SRI.V.V.SURENDRAN, SRI.P.A.HARISH
RESPONDENT(S):
- DR.RAJAN, AGE AND FATHER'S NAME NOT KNOWN, CO-OPERATIVE HOSPITAL, KOYILANDI, KOZHIKODE DISTRICT.
- DR.JAYASREE SREENIVASAN, AGE AND FATHER'S NAME NOT KNOWN, CO-OPERATIVE HOSPITAL, KOYILANDI, KOZHIKODE DISTRICT.
Issues for consideration
2 issues framed by the court
Whether an application for leave to sue as an indigent person under Order XXXIII Rule 5(a) CPC is maintainable where the estimated value of properties is not shown in the schedule.
Whether a suit for compensation arising out of alleged medical negligence against a cooperative hospital is barred under Section 69(1)(f) of the Cooperative Societies Act.
Parties & counsel
- appellant
Parakandy Harsha
- appellant
Parakandy Gangadharan
- respondent
Dr. Rajan
- respondent
Dr. Jayasree Sreenivasan
- respondent
Dr. Raveendran
- respondent
Case details
As recorded by the court registry
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