Jain v. Elsy
Case brief
What is this about?
Second appeal filed challenging the dismissal of an appeal in limine under CPC Order 41 Rule 11 by the first appellate court in a succession dispute. The High Court set aside the lower court order, held that the first appellate court failed to act as the last fact-finding court, and directed it to admit, hear, and dispose of the appeal.
What did the court decide?
Judgment and decree of the District Judge dismissing the appeal in limine under Order 41 Rule 11 CPC set aside; District Judge directed to admit, hear parties, call for records, and dispose of the app
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
RSA.No. 353 of 2012 A ---------------------A.S. NO. 306/2010 of DISTRICT COURT, ERNAKULAM O.S.NO. 140/2009 of I ADDL.M.C.,ERNAKULAM
APPELLANT(S)/APPELLANT/PLAINTIFF:
JAIN WIFE OF STEPHEN, AGED 45, KURISINGAL HOUSE PONJIKKARA, P.O.MULAVUKAD, MULAVUKAD VILLAGE KANAYANNUR TALUK.
BY ADVS.SRI.S.EASWARAN
SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE
RESPONDENTS/DEFENDANTS:
- ELSY W/O. JOSEPH, AGED 73 YEARS, POOVAKERI VILLA PALARIVATTOM, NEAR S.L.PLAZA EDAPPALLY SOUTH VILLAGE, KANAYANNUR-682024.
- JOSEPH GEORGE SON OF JOSEPH, AGED 41, POOVAKERI VILLA PALARIVATTOM, NEAR S.L.PLAZA EDAPPALLY SOUTH VILLAGE, KANAYANNUR-682024.
Issues for consideration
3 issues framed by the court
Whether the first appellate court was justified in dismissing the appeal in limine under Order 41 Rule 11 CPC without fact-finding?
Whether the first appellate court ought to have admitted the appeal and called for records as the last court on facts?
Whether dismissal of the appeal without hearing parties amounts to error on facts and law requiring second appeal admission?
Parties & counsel
- appellant
Jain Wife of Stephen
- respondent
Elsy W/o. Joseph
- respondent
Joseph George
- respondent
P.J. Antony
- respondent
Jency Wife of Joshy
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court