George v. Joseph
Case brief
What is this about?
The High Court set aside a lower court order that permitted a defendant to file an additional written statement with a counter claim after the defence deadline had expired, noting the order reflected a non-application of mind.
What did the court decide?
Ext.P7 order set aside; lower court directed to consider the matter afresh and pass appropriate orders.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931
WP(C).No. 24493 of 2009(O)
-------------------------OS.92/2005 of MUNSIFF COURT, PALA
PETITIONER(S):
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GEORGE, S/O.DEVASSIA, NEDUMPARAPURATH HOUSE, MONIPALLY KARA AND VILLAGE, KOTTAYAM DISTRICT.
BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI
RESPONDENT(S):
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1. JOSEPH, S/O.OUSEPH, NEDUMPARAPURATH HOUSE, MONIPALLY KARA AND VILLAGE, KOTTAYAM DISTRICT.
Issues for consideration
2 issues framed by the court
Whether an order accepting an additional written statement with a counter claim filed after the expiration of the time for delivering defence is maintainable.
Whether the lower court committed an error in failing to consider objections raised against the reception of the additional written statement.
Parties & counsel
- petitioner
George
- respondent
Joseph
- respondent
Uzhavoor Grama Panchayath
- respondent
Mathew
- respondent
Mathai
Case details
As recorded by the court registry
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