Susy Antony v. Vijayammas
Case brief
What is this about?
The revision petitioner challenged an order permitting withdrawal of suit against the second defendant. The court upheld the trial court's finding that mis-joinder caused the suit to fail.
What did the court decide?
Civil Revision Petition dismissed as the court below correctly permitted withdrawal under Order XXIII Rule 1 CPC.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934
CRP.No. 396 of 2012 ()
IA.NO.4011/2012 IN OS.635/2008 of PRINCIPAL MUNSIFF COURT,ERNAKULAM
REVISION PETITIONER(S):
SUSY ANTONY W/O. LATE ANTONY, NEAR ST. ANTONY'S CHURCH VADUTHALA.P.O, ERNAKULAM, COCHIN -23.
BY ADVS.SRI.DINESH R.SHENOY
SRI.G.HARIKRISHNAN (TRIPUNITHURA) SRI.R.V.RAHUL
SRI.LIJIN THAMBAN
RESPONDENT(S):
- VIJAYAMMA
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the trial court's order permitting withdrawal of suit due to mis-joinder.
Whether Order XXIII Rule 1 CPC applies to permit withdrawal when suit fails due to formal defect.
Parties & counsel
- petitioner
Susy Antony
- respondent
Vijayamma
- respondent
The Secretary, Corporation of Cochin
Coram
Case details
As recorded by the court registry
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