Joseph Joseph v. Lukose Sacaria
Case brief
What is this about?
In this original petition, the petitioner, who is the 4th defendant in a civil suit, questioned an order dismissing his request for examination on commission. The court found the petition infructuous as the petitioner had later filed an application to appear in person. The respondent counsel suggested the lower court dispose of related applications on merit. The petition itself does not appear dis
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2016/28TH MAGHA, 1937
OP(C).No. 461 of 2016 (O)
IA.104/2016 IN OS.180/2012 OF SUB COURT, ALAPPUZHA
PETITIONER(S)/4TH DEFENDANT:
JOSEPH JOSEPH, AGED 54 YEARS, S/O.JOSEPH, RESIDING AT PALLIPARAMBIL VEEDU, CHUNKOM WARD, MULLACKAL VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.T.R.RAVI
SRI.JAWAHAR JOSE SRI.V.VINAY MENON SMT.CISSY MATHEWS
RESPONDENT(S)/PLAINTIFF & DEFENDANTS 1-3:
1. LUKOSE SACARIA, AGED 62 YEARS, S/O.LATE ITTY ZACHARIA, RESIDNG AT HOUSE NO.421-A, ERAYIL KADAVU, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT-686001.
Issues for consideration
2 issues framed by the court
Whether the original petition questioning the order refusing examination on commission has become infructuous since the petitioner agreed to appear in court.
Whether the Sub Judge should dispose of the re-opened evidence applications on merit despite the dismissed applications.
Parties & counsel
- petitioner
Joseph Joseph
- respondent
Lukose Sacaria
- respondent
Lakshmithanthan
- respondent
Shaji
- respondent
Tessy Joseph
Case details
As recorded by the court registry
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