Nagarajan v. Selvaraj
Case brief
What is this about?
The High Court allowed the first appeal and set aside the lower court's order refusing to restore a suit. Registry confirmation of fee payment and affidavit filing justified restoring the case for disposal.
What did the court decide?
The First Appeal (FAO) is allowed; the impugned order is set aside; the underlying suit is restored to file.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933
FAO.No. 330 of 2010() --------------------AGAINST THE ORDER DATED 30/06/2010 IN IA 2156/2009 IN OS.339/2008 of PRINCIPAL SUB COURT,KOLLAM ....................
APPELLANT/PLAINTIFF --------------------------------------NAGARAJAN, AGED 43 YEARS, S/O.SANKARANACHARI, KARTHIKA, ERATTAKALUNKU, KUNATHLLORE CHERI, KIZHAVALAM VILLAGE, THIRUVANANTHAPURAM TALUK.
BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SMT.BINDU GEORGE
RESPONDENT(S): DEFENDANT
SELVARAJ, S/O.THYAGARAJAN, KOYIPURATHU VEEDU, KNWON AS S.K.BHAVAN, CHIRAKKARA P.O., EDAVATTOM CHERRY,KALLUVATHUKKAL VILLAGE, KOLLAM TALUK.
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the impugned order refusing to restore a suit should be set aside on confirmation by the registry of fee payment and affidavit filing.
Whether the appellant is entitled to the restoration of the suit which stood struck off.
Parties & counsel
- appellant
NAGARAJAN
- respondent
SELVARAJ
Coram
THOTTATHIL B.RADHAKRISHNAN
Case details
As recorded by the court registry
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