Allowed

Elizabeth Thomas v. Biju

Kerala HC18 Aug 2015OP(C)/1869/2015

Case brief

AI extract

What is this about?

This court allowed an application to set aside an order permitting service of interrogatories. Held, the order became infructuous upon the death of the original plaintiff. Liberty granted to serve fresh interrogatories against the legal representatives.

What did the court decide?

Petition allowed; order setting aside Ext.P5 ordered; liberty granted to serve fresh interrogatories against legal representatives of deceased plaintiff.

Elizabeth Thomas Vs Biju — Execution and Attachment | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937

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OP(C).No. 1869 of 2015 (O)

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ORDER IN IA.5119/2014 IN OS.478/2013 OF II ADDITIONAL SUB COURT, ERNAKULAM PETITIONER(S):

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ELIZABETH THOMAS, AGED 54 YEARS W/O.LATE K.M.THOMAS, KONAMKODATH HOUSE MOOLAMPILLY, KOCHI-27

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NOJIN K.T., AGED 36 S/O.LATE K.M.THOMAS KONAMKODATH HOUSE MOOLAMPILLY, KOCHI-27

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NOBY VINCENT, AGED 33 D/O.LATE K.M.THOMAS KANNATTIL HOUSE, NEAR ST. ANTONY'S CHURCH, VADUTHALA, KOCHI-23

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BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH

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RESPONDENT(S):

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BIJU, AGED 40 S/O.DEVASSY MANAKKAL HOUSE PERUMANOOR, KOCHI-15

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R1 BY ADV. SRI.S.SAJU R1 BY ADV. SRI.P.M.SHAMEER

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OPC.1869/2015

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 TRUE COPY OF THE PLAINT IN OS.478/13 OF 2ND ADDL. SUB COURT, ERNAKULAM

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P2 TRUE COPY OF THE WRITTEN STATEMENT OF RESPONDENT IN OS.478/13 OF 2ND ADDL. SUB COURT, ERNAKULAM

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P3 TRUE COPY OF THE IA.5119/14 .

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P4 TRUE COPY OF THE COUNTER AFFIDAVIT IN IA.5119/14.

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P5 TRUE COPY OF THE ORDER IN IA.5119/14 IN OS NO.478/13 OF 2ND ADDL. SUB COURT, ERNAKULAM

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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O.P.(C) No.1869 of 2015

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Dated this the 18^th day of August, 2015

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The defendant has been allowed to serve

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interrogatories to the plaintiff, in a suit for money. In the meantime, the original plaintiff, who is the respondent in IA No.5119/2014 died. In the suit, the legal representatives of the plaintiff have come on record. At the same time, in IA No.5119/2014, the legal representatives of the plaintiff are not seen impleaded.

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Virtually, on the death of the plaintiff, who is the sole respondent in IA No.5119/2014, the order has become infructuous as the deceased plaintiff ought to have answered the interrogatories. It seems that the court below has allowed the serving of said interrogatories after the death of the plaintiff. That does not make any difference at all. When Ext.P3 IA has become infructuous, it is for the

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OPC.1869/2015

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: 2 :

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defendant to seek leave to serve fresh interrogatories as against the legal representatives of the deceased plaintiff in conformity with Order XI Rule 4 CPC and that it should be in the form prescribed.

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In the result, this O.P.(Civil) is allowed and Ext.P5 order is set aside. The respondent is given liberty to serve a fresh interrogatory as against all or any of the legal representatives of the deceased plaintiff.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/18/08

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// True Copy //

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PA to Judge

Elizabeth Thomas v. Biju

Case brief

What is this about?

What did the court decide?

Elizabeth Thomas v. Biju

Case brief

What is this about?

What did the court decide?

What the court decided

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