Baby v. Nazar
Case brief
What is this about?
The High Court allowed the petitioner's application for appointing an advocate commissioner despite laches in prosecuting the underlying civil suit, directing the trial court to issue the commission upon payment of a deposit.
What did the court decide?
The impugned order setting aside the application was set aside. The Munsiff is directed to issue commission upon deposit of Rs. 2,000 by the petitioner.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934
OP(C).No. 3735 of 2012 (O)
OS.753/2009 of MUNSIFF COURT, NEDUMANGAD
PETITIONER(S) :-
BABY, AGED 51 YEARS D/O AMMUKUTTY AMMA, RESIDING AT ABHILASH BHAVAN THOZUKUNNEL, KALLIYODE, PANAVUR ANAD VILLAGE, THIRUVANANTHAPURAM DIST.
BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.P.G.PRAMOD SRI.EBRAHIM..E.P SRI.RAHUL KANDAMPULLY
RESPONDENT(S) :-
1. NAZAR, AGED 43 YEARS,
Issues for consideration
3 issues framed by the court
Whether the petitioner ought to be permitted to file an application for appointment of an advocate commissioner despite a delay of over three years.
Whether the deficiency in prosecution by the petitioner amounts to fatal laches.
What conditions must be imposed for the issuance of the commission.
Parties & counsel
- petitioner
Baby
- respondent
Nazar
- respondent
Nazarudeen Musaliyar
- respondent
Managing Director, M.K.N. Bricks and Blue Metal (Pvt.Ltd.)
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court