This order set aside an earlier order requiring the petitioner to pay balance court fee before issue framing in a suit pending in Sub Court, Cherthala, directing the lower court to frame issues as per prior High Court direction promptly.
Order dated 25.02.2012 directing payment of balance court fee before issue framing was set aside.
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
THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934
OP(C).No. 1083 of 2012 (O)
OS.88/2010 of SUB COURT, CHERTHALA
PETITIONER(S):
TITTY JOSEPH, S/O.P.M.JOSEPH, PULICKAL VEEDU KIZHAKKUM BHAGOM KARA, ETTUMANNUR VILLAGE KOTTAYAM TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.V.L.SHENOY
RESPONDENT(S):
K.R.DILEEPKUMAR S/O.RAGHAVAN, DILEEPSADANAM, PERUNNEERMANGALAM MURI MARARIKULAM NORTH VILLAGE, CHERTHALA.
BY ADV. SRI.K.G.PAVITHRAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1083/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1: COPY OF THE PLAINT-OS.88/2010 ON THE FILE OF SUB COURT, CHERTHALA.
EXHIBIT P2: COPY OF THE PETITION IA.726/2010 IN OS.88/2010 ON THE FILE OF SUB COURT, CHERTHALA.
EXHIBIT P3: COPYOF THE PETITIONER IA.805/2010 IN OS.88/2010 ON THE FILE OF SUB COURT, CHERTHALA.
EXHIBIT P4: COPY OF THE JUDGMENT DATED 27/7/2010 IN WPC.23486/2010 ON THE FILE OF HIGH COURT OF KERALA.
EXHIBIT P5: COPY OF B DIARY IN OS.88/2010 ON THE FILE OS SUB COURT, CHERTHALA.
EXHIBIT P6: COPY OF THE ORDER DATED 25/2/2010 IN OS.88/2010 ON THE FILE OF SUB COURT, CHERTHALA.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 1083 OF 2012
Dated this the 27th day of September, 2012
JUDGMENT
There is already a direction in the judgment dated 27.07.2010 in WP(C) No. 23486/2010 directing the court of the Subordinate Judge of Cherthala to consider the interlocutory applications pending in O.S. No. 88/2010 on its file. The interlocutory applications are for impleadment, amendment of plaint and also a claim petition. The court below shall on disposal of the applications as directed therein frame necessary issues in the suit.
The Original Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether the order requiring payment of balance court fee before framing of issues should be set aside.
TITTY JOSEPH
K.R.DILEEPKUMAR
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
