Dismissed

Dhanalekshmi Ammal v. Rajammal

Kerala HC10 Feb 2016OP(C)/407/2016

Case brief

AI extract

What is this about?

This petition challenges the dismissal of the plaintiff's applications to restore dismissed earlier applications in a civil suit. The Single Judge held that the Munsiff Court erred in dismissing on grounds related to the power of attorney copy but was correct in quashing the application because the supporting affidavit was not sworn by any party.

What did the court decide?

Petitioner directed to file proper applications before the court below.

Dhanalekshmi Ammal Vs Rajammal — Civil Procedure and Limitation | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

WEDNESDAY, THE 10TH DAY OF FEBRUARY 2016/21ST MAGHA, 1937

¶5

OP(C).No. 407 of 2016 (O) -------------------------O.S NO.432/2010 OF MUNSIFF COURT, KOLLAM

¶6

PETITIONER(S)/PETITIONER:

¶7

-------------------------

¶8

DHANALEKSHMI AMMAL AGED 47 YEARS W/O.RAMACHANDRA REDDIAR, SREE KAILASAM, THEVALLYCHERRI KOLLAM WEST VILLAGE KOLLAM NOW R/A.INJAKKAL PURAYIDOM, NEAR RSP OFFICE KOTTAMUKKU, CUTCHERY P O, KOLLAM REP BY THE POWER OF ATTORNEY HOLDER, BALAGURU S/O.RAMASWAMY, R/A.ARYACHAM VEEDU, KOTTAMUKKU CUTCHERY POST, KOLLAM WEST VILLAGE, KOLLAM

¶9

BY ADV. SRI.B.KRISHNA MANI

¶10

RESPONDENT(S)/RESPONDENTS:

¶11

--------------------------

¶12

1. RAJAMMAL CHANDRIKALAYAM, NELLIMUKKU, KOLLAM 12

¶13

2. SHAMEED AHAMMED S/O.MUHAMMED YUSUF, CHANDRIKALAYAM, NELLIMUKKU KOLLAM 12

¶14

3. UNION BANK OF INDIA KOLLAM BRANCH, REP BY ITS MANAGER

¶15

R3 BY SRI.A.S.P.KURUP, SC, UBI

¶16

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

OP(C).No. 407 of 2016 (O) --------------------------

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

EXT.P1:-TRUE COPY OF THE POWER OF ATTORNEY DTD 25/11/2015

¶21

EXT.P2:-TRUE COPY OF THE ORDER DTD 14/1/2016 IN IA 6033/2015 IN OS NO 432/2010 BEFORE THE MUNSIFFS COURT KOLLAM

¶22

EXT.P3:-TRUE COPY OF THE POWER OF ATTORNEY DTD 25/11/2015

¶23

RESPONDENT(S)' EXHIBITS NIL

¶24

------------------------

//TRUE COPY//

P.A TO JUDGE

vdv

K.ABRAHAM MATHEW, J.

===================== O.P.(C) No.407 of 2016

¶30

========================== Dated this the 10^th day of February, 2016

¶31

JUDGMENT

¶32

Petitioner is the plaintiff in O.S No.432 of 2010 of Munsiff Court, Kollam. The suit was dismissed for default. Several subsequent applications happened to be dismissed for default. At last a person claiming to be the power of attorney holder of the plaintiff filed an application to restore all the earlier applications. The learned Munsiff dismissed it on two grounds; (1) The copy of the power of attorney given to the counsel for the defendants was not certified as true and, (2) the affidavit filed in support of the application was not sworn to by anyone.

¶33

Heard.

¶34

I have no doubt that the court should not have dismissed the applications on ground No.1. At best the court would have asked the petitioner to give a proper copy to the defendant's counsel. But the second ground was fatal. The petition was not at all maintainable. I do not find anything wrong with the order

¶35

O.P.(C) No.407/2016

¶36

¶37

passed by the court. But the petitioner may file proper applications.

¶38

In the result, this original petition is disposed of. If the petitioner is so advised, he may file proper application before the court below.

¶39

Sd/-

¶40

K.ABRAHAM MATHEW, JUDGE

¶41

vdv/10/02/16

Dhanalekshmi Ammal v. Rajammal

Case brief

What is this about?

What did the court decide?

Dhanalekshmi Ammal v. Rajammal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kolencherry Surendran Vs Housing and Urban Development Corporation Ltd.

Abdul Azeez Vs Satheesan Nair

The Mother Superior Vs Rajakkad

Radhika Devi Vs Gomathi Amma

Sreejith.M.P Vs Draupathi.C

Kunnath Vishwanathan Vs Chakkamkunnel Jijo Moncy Jose