Dr.Smitha v. Subeesh
Case brief
What is this about?
This original petition challenged an order dismissing applications to reopen evidence and receive documents. The High Court held that delay alone does not justify shutting out evidence without prejudice to respondents and set aside the lower court order.
What did the court decide?
Exts.P7 and P8 orders are set aside. Exts.P3 and P4 stand allowed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
OP (FC).No.134 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 654/2014 DATED 21-01-2021 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/PETITIONER:
DR.SMITHA, AGED 39 YEARS D/O. THARAYIL DINESH, KOORKANCHERY VILLAGE AND DESOM, THRISSUR TALUK, THRISSUR.
BY ADVS. SHRI.K.B.GANGESH SMT.ATHIRA A.MENON
RESPONDENTS/RESPONDENTS:
Issues for consideration
2 issues framed by the court
Whether applications to reopen evidence and receive documents filed belatedly should be set aside?
Whether delay in filing applications to admit documents constitutes sufficient ground to reject them?
Parties & counsel
- petitioner
DR.SMITHA
- respondent
SUBEESH
- respondent
SIVARAMAN
- respondent
DAKSHAYANI @ BINDU
Coram
Case details
As recorded by the court registry
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