Retired pensioner sought impleading in a suit. Court directed lower court to decide application for impleading before disposing of the main suit. Original Petition disposed of accordingly.
Directed Munsiff's Court to consider and pass orders on Ext.P3 application after hearing parties before suit disposal.
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 P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937
OP(C).No. 2496 of 2015 (O)
AGAINST OS.NO.146/2013 of PRL.M.C., KOCHI.
PETITIONER:-
K.M.JAYAPRAKASH, AGED 62 YEARS, MADHAVAN, KALLUMADATHIL HOUSE, NARAKKAL, ERNAKULAM.
BY ADVS.SRI.M.N.MANMADAN SRI.M.S.IMTHIYAZ AHAMMED
RESPONDENTS:-
1. BEENY DIAZ, AGED 42 YEARS S/O.CHARLEY, CHERIMMEL HOUSE, CHERIYAMTHURUTHU VARAPPUZHA.
2. SOBAN S/O.SEBASTIAN, PANAKKAL HOUSE, WARD NO.5 NJARAKKAL, PIN - 682 505.
R1 BY ADV. SRI.T.N.SURESH R1 BY ADV. SRI.V.S.ANU MON R2 BY ADV. SRI.M.N.SANJITH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2496 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:-
EXHIBIT P1. TRUE COPY OF THE PLAINT IN O.S.NO.146/2013 ON THE FILE OF PRINCIPAL MUNSIFF'S COURT, KOCHI. EXHIBIT P2. TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT/SECOND RESPONDENT HEREIN IN O.S.NO.146/2013 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, KOCHI. EXHIBIT P3. TRUE COPY OF THE I.A.NO.2466/2015, FILED BY THE PETITIONER HEREIN IN O.S.NO.146/2013 ON THE FILE OF MUNSIFF'S COURT, KOCHI.
RESPONDENT(S)' EXHIBITS:- NIL.
// true copy //
PA TO JUDGE.
Kvs/-
P.B.SURESH KUMAR, J.
= = = = = = = = = = = = =
O.P.(C).No.2496 of 2015.
= = = = = = = = = = = = =
Dated this the 12th day of November, 2015.
J U D G M E N T
The grievance highlighted by the petitioner in this Original Petition is that steps are being taken for the final disposal of Ext.P1 suit without considering Ext.P3 application filed by him in the suit for impleading him as a party.
petitioner seeking orders to implead him as a party to the suit, it is obligatory for the court to dispose of the same on merits before the disposal of the suit. In the said view of the matter, I direct the Munsiff's Court, Kochi to consider and pass orders on Ext.P3, after hearing the plaintiff and defendant before the disposal of the suit.
The Original Petition is disposed of as above.
Sd/- P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //
PA TO JUDGE.
3 issues framed by the court
Whether the court is obligated to dispose of an application for impleading a party on merits before deciding the main suit.
The propriety of directing the lower court to hear the petitioner's application for impleading before final disposal of the suit.
Whether the discharge of O.P. No. 2496 of 2015 constitutes a disposal of the matter without adjudication on substantial issues.
1 provisions across 1 enactments
K.M. Jayaprakash
Beeny Diaz
Soban
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
