A writ petition challenging an order in a civil suit that granted leave to withdraw without liberty to file a fresh suit. The High Court held the order illegal and prejudicial, setting it aside and remitting the matter for fresh disposal.
Impugned order dated 11.10.2008 set aside; matter remitted for fresh disposal.
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 K.P.BALACHANDRAN
FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930
WP(C).No. 65 of 2009(G) --------------------------------------OS.443/2005 of PRL.M.C., KOLLAM ....................
PETITIONER: SUPRABHA, D/O.NALINI, AGED 66 YEARS, RESIDING AT GULNAR, PARIPPALLY P.O., KOLLAM.
BY ADV. SRI.S.VASUDEVAN
RESPONDENT:
SALIM S.RAJAN, S/O. SOMARAJAN, UTHRADAM, PARIPPALLY P.O., DO VILLAGE, KOLLAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.P. Balachandran, J.
W.P.(C)No.65 of 2009 G
JUDGMENT
Heard counsel for the petitioner. In the nature
of the order that I propose to pass in this writ petition, it is unnecessary to issue notice to the respondent.
2
WPC 65/09
aggrieved by the said order that the petitioner/ plaintiff has preferred this writ petition.
not granted permission to file fresh suit, but, at the same time, has allowed the application partly permitting withdrawal of the suit. The order is not legal and is prejudicial to the petitioner/ plaintiff and requires to be set aside.
impugned order dated 11.10.2008 passed by the court below on I.A.No.5070/08 in O.S.No.443/05 and remit
WPC 65/09
3
back I.A.No.5070/08 to the court below for disposal afresh according to law.
The writ petition is, thus, disposed of. Petitioner is directed to produce a copy of this judgment before the Munsiff with notice to the counsel for the respondent/defendant in the court below as this writ petition is being disposed of without notice to the respondent/defendant.
2nd January, 2009 tkv
1 issue framed by the court
Whether an order granting leave to withdraw a suit but without liberty to file a fresh suit on the same cause of action is legal and requires to be set aside.
1 provisions across 1 enactments
Suprabha
Salim S. Rajan
K.P. Balachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
