Kerala High Court
Sujeth.P.S vs C.S.Ramesh on 1 December, 2016
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938
OP(C).No. 47 of 2017 (O)
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I.A.NO.950/2016 IN OS.NO.178/2010 OF SUB COURT, KATTAPANA, IDUKKI DISTRICT
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PETITIONER/DEFENDANT IN IA.NO.950/16 IN OS.178/10 OF SUB COURT,KATTAPANA :
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SUJETH.P.S.,
AGED 49 YEARS, S/O LATE V.K.SREDHARAN,
PUTHENPURAIKKAL, THRIKANARVATTAM DESOM,
ERNAKULAM VILLAGE, ERNAKULAM DISTRICT,
KOCHI-18
BY ADVS.SRI.PRAVEEN K. JOY
SRI.NIXON PAUL
RESPONDENT/PLAINTIFF IN IA.NO.950/16 IN OS.178/10 OF SUB COURT,KATTAPANA :
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C.S.RAMESH,
AGED 61 YEARS, S/O LATE SREEDAR,
SANTHINIKATHAN HOUSE, ASHOKAPURAM KARA,
ALUVA VILLAGE, ALUVA TALUK, ENAKULAM DISTRICT.
BY SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE
ADVS. SRI.MANU GEORGE KURUVILLA
SRI.AMAL GEORGE
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD
ON 14-02-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
OP(C).No. 47 of 2017 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE IA NO.950/16 IN OS NO.178/2010
EXHIBIT P2 TRUE COPY OF THE ORDER PASSED IN IA NO.950/16 IN OS NO.178/2010
DATED 01-12-2016
EXHIBIT P3 THE TRUE COPY OF THE POWER OF ATTORNEY DATED 26-11-2016
PRODUCED IN OS NO.178/2010
EXHIBIT P4 THE RUE COPY OF THE PROOF AFFIDAVIT FILED BY THE POWER OF
ATTORNEY, ON BEHALF OF THE PLAINTIFF IN OS NO.178/2010
RESPONDENT(S)' EXHIBITS
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EXHIBIT R1(A) COPY OF THE PROCEEDING IN OS 178 OF 2010 DOWNLOADED FROM
THE E-COURT SERVICES WEBSITE COVERING THE PERIOD
18/10/2012 TO 10/01/2017.
EXHIBIT R1(B) COPY OF THE DISCHARGE SUMMERY ISSUED BY CMC, VELLORE.
EXHIBIT R1(C) COPY OF THE CERTIFICATE ISSUED FROM THE RAJAGIRI HOSPITAL
ALUVA DATED 07/02/2017.
/TRUE COPY/
P.S.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
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O.P.(C).No.47/2017
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Dated this the 14th day of February, 2017
J U D G M E N T
The petitioner is the first defendant in O.S.No.178 of 2010 on the file of the Sub Court, Kattappana. He approached this court challenging an order allowing the power of attorney holder of the plaintiff to be examined as a witness. The power of the attorney holder is none other than the wife of the plaintiff. This court is of the view that the petitioner cannot question a witness being examined on the side of the plaintiff. The competency and relevancy is a matter to be addressed at the time of trial. Whether the evidence of the plaintiff is sufficient or not is a matter to be considered at the time of trial. Therefore, the petitioner has no right to question such course adopted by the plaintiff to examine the power of attorney holder as a witness. Therefore the original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms