Rasheeda v. Nazeer
Case brief
What is this about?
In a Civil Revision Petition, the High Court of Kerala held that dismissing a suit due to the plaintiff's death was illegal without a proper enquiry into the next friend's appointment. The Court set aside the lower court order and remanded the case for fresh proceedings.
What did the court decide?
The order in I.A. No. 1076 of 1998 is set aside; the judgment is set aside; the case is remanded to the lower court to consider applications afresh.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933
CRP.No. 1899 of 2002
AGAINST THE JUDGMENT IN O.S.NO.561/97 DATED 28.2.2001 OF THE MUNSIFF'S COURT, KAYAMKULAM.
REVN. PETITIONER:
RASHEEDA, D/O.ABDUL RAZAK KUNJU, KANDISSERITHARAYIL PERINGALA MURI, KRISHNAPURAM VILLAGE, FROM CHEMPAKAPPALLIL KUTIYIL VEEDU, KADUVINAL MURI, VALLIKUNNAM VILLAGE
BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
RESPONDENTS:
- NAZEER, S/O. ABDUL RAZAK KUNJU, PUTHEN VEETTIL, PADEETTATHIL, KRISHAPURAM VILLAGE, FDROM CHEMPAKAPPALLIL KUTTIYIL VEEDU, KADUVUMAL MURI, KRISHNAPURAM VILLAGE.
Issues for consideration
3 issues framed by the court
Whether a suit for declaration survives the death of the original plaintiff transferred by next friend
Whether the High Court can exercise revisional jurisdiction suo motu to set aside an illegal abatement order
Whether an enquiry under Order XXXII Rule 15 CPC is mandatory when a next friend is appointed
Parties & counsel
- petitioner
Rasheeda
- respondent
Nazeer
- respondent
Naziyath
- respondent
Ramlath
Coram
Case details
As recorded by the court registry
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