Os No.30/2018 Of The Additional ... vs By Adv. C.A. Anoop
2021 Latest Caselaw 11526 Ker

FAO 32/2021                                 1/3



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          Present:
                   THE HONOURABLE MR. JUSTICE A.HARIPRASAD
                                           &
                 THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

                   Thursday,the 8th day of April 2021/18th Chaithra, 1943
              For information    purpose only
                         FAO No.32/2021
       OS No.30/2018 of the ADDITIONAL DISTRICT COURT - VII, ERNAKULAM
APPELLANTS/2ND PLAINTIFFS
       KRISHNA KISHAN NARANGALIL,AGED 45 YEARS
       VADAKKEVALAPPIL HOUSE, VIYYUR.P.O, VILVATTOM VILLAGE,
       THRISSUR TALUK-680009,MANAGING DIRECTOR,AL MUJEEB DIESEL
       TRADING LLC, P.O.BOX NO.87406,DUBAI UAE.

BY ADV. C.A. ANOOP

RESPONDENTS/1ST PLAINTIFF & DEFENDANTS
1.AL MUJEEB DIESEL TRADING LLC
     P.O.BOX NO.87406,DUBAI UAE,REPRESENTED BY MANAGING
     DIRECTOR,KRISHNA KISHAN, S/O.NARANGALIL NARAYANAN,AGED
     ABOUT 43 YEARS,ADAKKEVALAPPIL HOUSE,VIYOOR.P.O, VILVATTOM
     VILLAGE,THRISSUR TALUK, RESIDING AT SHARJAH,P.O.BOX
     NO.24602,UAE.
2.ALFAWZ CONTRACTING LLC,
     P.O.BOX NO.40584,DUBAI,UAE, REPRESENTED BY MANAGING PARTNER
     MANOJ,AGED ABOUT 52 YEARS,S/O SUBRAMANIAN,MOOLEKUDY
     HOUSE,EDAVOOR, KANAYANNOOR TALUK,CHERANELLUR VILLAGE,
     ERNAKULAM DISTRICT-682023.
3.MANOJ,
     MANAGING DIRECTOR,AL FAWZ CONTRACTING LLC,P.O.BOX
     NO.40584,DUBAI,UAE,RESIDING AT MOOLEKUDY
     HOUSE,EDAVOOR,KANAYANNOOR TALUK,CHERANELLUR
     VILLAGE,ERNAKULAM DISTRICT-682023.

      This FAO having come up for orders on 08/04/2021, the court on the same day passed
the following.
                 A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ.
               ................................................................................
                                   F.A.O. No.32 of 2021
               ................................................................................
                     Dated this the 8th day of April, 2021

                                               ORDER

For information purpose only Hariprasad, J.

Heard the learned counsel for appellant.

2. Appeal is against the order of return of plaint passed by the

Additional District Judge, Ernakulam in O.S.No.30 of 2018. It appears from the

records that the appellant preferred the above suit for enforcement of a foreign

judgment under Section 13 of the Code of Civil Procedure, 1908 (in short,

"CPC"). Court below on finding that the suit should have been filed before the

Court of Subordinate Judge concerned, in view of Section 15 CPC, ordered to

return the plaint (wrongly mentioned as 'return the suit'). It is pointed out by the

learned counsel for appellant/plaintiff that at the inception of the proceedings

there was an order of attachment of immovable property belonging to the

defendant under Order XXXVIII Rule 11 CPC and that is still in force. It is also

brought out that the defendants have filed an application to lift the attachment

after passing the order by the court below to return the plaint.

3. Considering the facts and circumstances, we are of the view that

an appeal is not the proper remedy in this case as we are unable to find fault

with the judgment passed by the court below in the matter by ordering return of

plaint for presentation before the proper court. However, considering the facts

and circumstances and in the interest of justice, we deem it fit to convert

the appeal as an original petition under Section 227 of the Constitution

of India. Registry shall take steps to convert the appeal as an original

petition.

For information purpose only Issue notice to the respondents.

There shall be an interim order clarifying that the order of

attachment, if any in force, shall continue for a period of two months and

the plaint shall be taken back and presented before the appropriate court

within a period of one week.

Handover.

A.HARIPRASAD Judge

ZIYAD RAHMAN A.A.

                                                       Judge




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