Petitioner sought continuation of suit hindered by missing certified copy due to unpaid court fees. Court directed issuance of copy upon fee payment and stayed lower court proceedings for ten days.
Direct court below to issue certified copy on production of stamp; stay further proceedings for 10 days.
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 SATHISH NINAN
WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940
OP(C).No. 11 of 2019
OS 96/2013 of PRINCIPAL SUB COURT,ERNAKULAM
PETITIONER:
THOMAS GEORGE MUTHOOT AGED 55 YEARS S/O MATHEW M.THOMAS,RESIDING AT MUTHOOT HOUSE,MALAPUZHASSERY VILLAGE,KOZHENCHERY P.O.PIN 689 641.
BY ADVS. SRI.B.J.JOHN PRAKASH SMT.VARSHA SAHAJAN SRI.C.N.MIDHUN SRI.P.PRAMEL
RESPONDENTS:
2
OP(C).No. 11 of 2019
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
OP(C).No. 11 of 2019
JUDGMENT
The grievance of the petitioner is that, without issuing a certified copy of the order dated 03/11/2018 in I.A.No.2750/2018, the suit is being taken up for trial. The report called for from the Registry reveals that though a copy application was made, the petitioner has not produced the requisite stamp. Consequently, the certified copy could not be issued.
The original petition is disposed of directing the court below to issue a certified copy of the order immediately on production of the required stamp by the petitioner. In order to enable the petitioner to seek appropriate remedies, further proceedings in O.S.No.96/2013 of the 3rd Additional Sub Court, Ernakulam, shall be kept in abeyance for a period of 10 days.
Sd/-
SATHISH NINAN
JUDGE
rsr
4
OP(C).No. 11 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AMENDED PLAINT IN OS NO 96/2013 BEFORE THE SUB COURT-IV ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE COMMISSION REPORT ALONG WITH SKETHC
EXHIBIT P3 TRUE COPY OF IA 2750/2018 IN OS 96/2013
1 issue framed by the court
Whether suit should be continued without certified copy of order when stamp duty is missing.
THOMAS GEORGE MUTHOOT
SIYAD @ SIYAD KOKKER
THE PROPRIETOR, UNIT RESIDENZ, UNITED RELATORS
P.D.ABRAHAM ALIAS APPACHAN
MRS. NEENA
MR.THOMAS JOHN MUTHOOT
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
