COURT OF KERALA AT ERNAKULAM PRESENT: THE…
Appeal and suit O.S. No. 11 of 2000 withdrawn with liberty to file a fresh suit on the same cause of action.
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
FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936
RFA.No. 64 of 2008 ( )
OS. NO.11/2000 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM.
APPELLANTS/PLAINTIFF:
1. REV. FR.P.V. PHILIP, ARIMBACHIRAYIL HOUSE, PULINTHANAM, MUVATTUPUZHA.
2. C.Y. VARKEY, CHEERAKATHOTTAM, CHATHAMATTAM KARA, KADAVOOR VILLAGE, KOTHAMANGALAM.
BY ADVS.SRI.M.S.UNNIKRISHNAN, SMT.JAYASREE MANOJ, SRI.P.Z.NIJAZ.
RESPONDENT/DEFENDANTS:
1. REV. FR.PAUL ISSAC, KAVALELIL HOUSE, KEEZHILLAM P.O., MANNOOR.
2. IYPE THOMAS, KALLUNGAL HOUSE, CHATHAMATTAM, KADAVOOR VILLAGE, KOTHAMANGALAM.
BY ADVS. SRI.VARGHESE.J.PUNNACHALIL,
SRI.K.J.KURIACHAN.
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
P.B.SURESH KUMAR, J.
R.F.A.No.64 OF 2008
Dated this the 6th day of March, 2015
JUDGMENT
The appellants have filed I.A.No.507 of 2015 seeking permission
to withdraw the appeal and the suit with liberty to file a fresh suit on the same cause of action.
provides that where the court is satisfied that a suit must fail by reason of some formal defect, the court may grant the plaintiff permission to withdraw the suit with liberty to institute a fresh suit. It is seen that the suit was dismissed for want of sanction provided for under Section 92(1) of the Code of Civil Procedure.
In the circumstances, the appellants are permitted to withdraw the appeal and the suit O.S.No.11 of 2000 on the file of the Court of the First Additional District Judge, Ernakulam with liberty to file a fresh suit in respect of the subject matter of the said suit.
Sd/- P.B.SURESH KUMAR, JUDGE.
jes
1 issue framed by the court
Whether the appellant is entitled to withdraw the suit with liberty to file a fresh suit after its dismissal for want of sanction under Section 92(1) CPC.
2 provisions across 1 enactments
Rev. Fr.P.V. Philip
C.Y. Varkey
Rev. Fr.Paul Issac
Iype Thomas
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
