The High Court restored an original suit for realization of subsistence allowance, setting aside orders dismissing it for non-appearance. The court accepted the plaintiff's inability to attend due to grief and travel, subject to payment of costs.
Impugned orders set aside; O.S. No. 1573/2003 restored on condition of payment of ₹10,000 costs.
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 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934
OP(C).No. 1137 of 2012 (O)
CMA.26/2011 of II ADDL.DISTRICT COURT,ERNAKULAM OS.1573/2003 of III ADDL. MUNSIFF COURT, ERNAKULAM (RENT CONTROL)
PETITIONER(S)/APPELLANT/PLAINTIFF IN THE OS:
VALSALA RAJAN, AGED 59 YEARS W/O.LATE P.A.RAJAN RESIDING PERMANENTLY AT VISHNU PRIYA, 33/3306 VENNALA.P.O., KOCHI-682 028.
BY ADVS.SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.NIRMAL V NAIR SRI.ANISH JAIN SMT.M.A.JINSA MOL
RESPONDENT(S)/DEFENDANT IN OS:
THE GREETS ACADEMY REPRESENTED BY ITS MANAGER, ASOKA ROAD, KALOOR KOCHI-17.
BY ADV. SRI.ALIAS M.CHERIAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1137/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1TRUE COPY OF THE JUDGMENT DATED 12.1.2012 IN C.M.A. 26/2011 ON THE FILES OF THE ADDITIONAL DISTRICT JUDGE-II, ERNAKULAM.
EXHIBIT P4A TRUE COPY OF THE PETITION TO SET ASIDE THE EX PARTE DECREE FILED BY THE RESPONDENT IN O.S.1573/2003.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 1137 OF 2012
Dated this the 5th day of December, 2012
JUDGMENT
Concurrent orders passed on an application for restoration of the suit filed for realisation of subsistence allowance are under challenge. The specific case of the petitioner/plaintiff was that her mental state on the death of her husband on 25.10.2008 did not permit her to pursue the litigation vigilantly. The plaintiff was taken to her daughter's house at Chennai first and later to London where another daughter is residing. The mere fact that the plaintiff was taken by her children to places far away to forget the sudden sorrow on account of the death of her husband cannot be termed to be an indifferent attitude.
2
OP(C) No. 1137/2012
completely. The contention that the plaintiff could not be contacted by her counsel in time as she was away from her native place demands acceptance.
The Original Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
Certified that in compliance with the direction in the judgment dated 05.12.2012 in OP(C) 1137/2012, the petitioner has paid a sum of `10,000/- (Rupees ten thousand only) as costs to the counsel for the respondent, within the stipulated time. vide memo c.f. No. 12/2013 dated 02.01.2013.
Sd/Registrar(Judicial)
2 issues framed by the court
Whether the plaintiff's absence from earlier hearings was excused given her mental state and travel following her husband's death.
Whether the petitioner should be afforded an opportunity to pursue the suit on merits after setting aside non-appearance orders.
Valsala Rajan
The Greets Academy
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
