L.C.Chandralekha v. Anirudhan
Case brief
What is this about?
The High Court of Kerala transferred an original suit (O.S. 620/2008) from Sub Court, Kollam to Sub Court, Kottarakara based on the petitioner's apprehension that the case would be unfairly conducted before the Sub Court where the respondent is a practicing advocate, citing Section 24 of the Code of Civil Procedure.
What did the court decide?
Direction to transfer O.S. 620/2008 from Sub Court, Kollam to Sub Court, Kottarakara and to transmit records forthwith.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931
Tr.P(C).No. 61 of 2009()
-----------------------OS.620/2008 of PRINCIPAL SUB COURT,KOLLAM
PETITIONER (S):
-------------------L.C. CHANDRALEKHA, AGED 59 YEARS, W/O. C.K. PRAKASAN, MOONLIGHT, CHEMBUMUKKU, KAKKANAD WEST P.O., ERNAKULAM DISTRICT BY ADV. SRI.PHILIP M.VARUGHESE SRI.V.AJITH KUMAR SMT.M.S.SHAMLA SMT.SHERINA MEERAN
RESPONDENT(S): ACCUSED
- ANIRUDHAN, AGED 64 YEARS S/O. ANEPPIL R. CHANDRASEKHARAN, KUZHIKKANATHU VEEDU, MANIDEEP S.N. NAGAR, TRIVANDRUM. 2. VALSALA RAMACHANDRAN, AGED 60 YEARS, W/O.LATE RAMACHANDRAN, KUZHIKKANATHU VEEDU, CHANDRAGIRI, THIRUVMULLAVARAM P.O., NEAR VIZHANATHU KAVU TEMPLE, KOLLAM. 3. RANICHANDRAM AGED 34 YEARS, D/O.LATE RAMACHANDRAN, W/O.LATE RAMACHANDRAN, KUZHIKKANATHU VEEDU, CHANDRAGIRI, THIRUVMULLAVARAM P.O., NEAR VIZHANATHU KAVU TEMPLE, KOLLAM.
- DR. RAMESHAN, AGED 32 YEARS, S/O LATE RAMACHANDRAN, KUZHIKKANATHU VEEDU, CHANDRAGIRI, THIRUVMULLAVARAM P.O.,
Issues for consideration
2 issues framed by the court
Whether the plaintiff suit filed under O.S. 620/2008 should be transferred from Sub Court, Kollam to Sub Court, Kottarakara due to apprehension regarding professional bias.
Whether the transfer of the suit to another court is justified on the grounds of the respondent being a practicing advocate in Kollam.
Parties & counsel
- petitioner
L.C. Chandralekha
- respondent
Anirudhan
Coram
S.S.Satheesachandran
Case details
As recorded by the court registry
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