Elizabeth Thomas vs Biju on 18 August, 2015

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Kerala High Court

Elizabeth Thomas vs Biju on 18 August, 2015

Bench: B.Kemal Pasha

       

  

   

 
 
                          IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                             PRESENT:

                         THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

               TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937

                                    OP(C).No. 1869 of 2015 (O)
                                       ---------------------------
  ORDER IN IA.5119/2014 IN OS.478/2013 OF II ADDITIONAL SUB COURT, ERNAKULAM

PETITIONER(S):
-----------------------

          1. ELIZABETH THOMAS, AGED 54 YEARS
          W/O.LATE K.M.THOMAS, KONAMKODATH HOUSE
          MOOLAMPILLY, KOCHI-27

          2. NOJIN K.T., AGED 36
          S/O.LATE K.M.THOMAS
          KONAMKODATH HOUSE
          MOOLAMPILLY, KOCHI-27

          3. NOBY VINCENT,AGED 33
          D/O.LATE K.M.THOMAS
          KANNATTIL HOUSE,
          NEAR ST.ANTONY'S CHURCH,
          VADUTHALA, KOCHI-23


            BY ADVS.SRI.K.R.VINOD
                         MS.JENCY SUSAN JOSE
                         SRI.V.SRI NATH

RESPONDENT(S):
-------------------------

            BIJU, AGED 40
          S/O.DEVASSY
          MANAKKAL HOUSE
          PERUMANOOR,
          KOCHI-15

            R1 BY ADV. SRI.S.SAJU
            R1 BY ADV. SRI.P.M.SHAMEER

            THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2015, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC.1869/2015

                                APPENDIX

PETITIONER'S EXHIBITS:

P1    TRUE COPY OF THE PLAINT IN OS.478/13 OF 2ND ADDL. SUB COURT,
ERNAKULAM

P2    TRUE COPY OF THE WRITTEN STATEMENT OF RESPONDENT IN OS.478/13 OF
2ND ADDL. SUB COURT, ERNAKULAM

P3    TRUE COPY OF THE IA.5119/14 .

P4    TRUE COPY OF THE COUNTER AFFIDAVIT IN IA.5119/14.

P5    TRUE COPY OF THE ORDER IN IA.5119/14 IN OS NO.478/13 OF 2ND ADDL. SUB
COURT, ERNAKULAM




                             // True Copy //

                                     PA to Judge



                        B. KEMAL PASHA, J.

         `````````````````````````````````````````````````````````````
                    O.P.(C) No.1869 of 2015
         `````````````````````````````````````````````````````````````
             Dated this the 18th day of August, 2015

                           J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ The defendant has been allowed to serve interrogatories to the plaintiff, in a suit for money. In the meantime, the original plaintiff, who is the respondent in IA No.5119/2014 died. In the suit, the legal representatives of the plaintiff have come on record. At the same time, in IA No.5119/2014, the legal representatives of the plaintiff are not seen impleaded.

2. Virtually, on the death of the plaintiff, who is the sole respondent in IA No.5119/2014, the order has become infructuous as the deceased plaintiff ought to have answered the interrogatories. It seems that the court below has allowed the serving of said interrogatories after the death of the plaintiff. That does not make any difference at all. When Ext.P3 IA has become infructuous, it is for the OPC.1869/2015 : 2 : defendant to seek leave to serve fresh interrogatories as against the legal representatives of the deceased plaintiff in conformity with Order XI Rule 4 CPC and that it should be in the form prescribed.

In the result, this O.P.(Civil) is allowed and Ext.P5 order is set aside. The respondent is given liberty to serve a fresh interrogatory as against all or any of the legal representatives of the deceased plaintiff.

Sd/-

(B.KEMAL PASHA, JUDGE) aks/18/08 // True Copy // PA to Judge

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