Valsa Cherian v. Mathew Cherian
Case brief
What is this about?
The High Court in revision affirmed the subordinate court's order restoring a suit set aside for default, citing medical evidence, while issuing a direction for the trial court to dispose of the suit within three months.
What did the court decide?
Impugned order restoring the suit is affirmed; direction to dispose of O.S. No. 751/2006 within three months.
What the court decided
A compact analysis
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 V.CHITAMBARESH
WEDNESDAY, THE 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934
CRP.No. 466 of 2012 ()
I.A.7149/2011 IN OS.751/2006 OF III ADDL. SUB COURT, ERNAKULAM.
PETITIONER (2ND RESPONDENT/2ND DEFENDANT):
VALSA CHERIAN, D/O.LATE P.M. CHERIAN, RESIDING AT 39/155, KRISHNASWAMY CROSS ROAD, KOCHI - 682 035.
BY ADVS. SRI.H.RAMANAN, SRI.ALEX N.MATHEW (KOLLAM), SRI.JAMES JOSE.
RESPONDENTS (PETITIONERS/PLAINTIFFS/RESPONDENTS/DEFENDANTS):
1. MATHEW CHERIAN,
- S/O.LATE P.M.CHERIAN, RESIDING AT NATIONAL HOUSE, MANORAMA JUNCTION, KOCHI - 682 016.
Issues for consideration
1 issue framed by the court
Whether the High Court should interfere with the discretionary exercise by the subordinate court in restoring the suit set aside for default.
Parties & counsel
- petitioner
Valsa Cherian
- respondent
Mathew Cherian
- respondent
Jacob Cherian
- respondent
Mariamma Cherian
- respondent
Molly Danial
- respondent
Case details
As recorded by the court registry
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