Madhusoodanan Nair vs Sarala Devi
2021 Latest Caselaw 12761 Ker

OP(C) NO. 1035 OF 2021
                               1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
     THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
  MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
                    OP(C) NO. 1035 OF 2021
   AGAINST THE ORDER/JUDGMENT IN OS 302/2009 OF MUNSIFF
               COURT,VARKALA, THIRUVANANTHAPURAM
PETITIONERS:

     1.MADHUSOODANAN NAIR
     AGED 53 YEARS S/O CHELLAPPAN PILLAI,NEDIYAKALLAZHI
     VEEDU VENKULAM, EDAVA P.O., THIRUVANANTHAPURAM- 695
     311 REPRESENTED BY NEXT FRIEND 2ND PETITIONER B.S.
     RAJIKUMAR

     2. J.SASIDHARAN PILLAI
     AGED 49,S/O JANARDHANAN PILLAI, PUTHENVILLAYIL,
     VENKULAM, EDAVA-695311 (NEXT FRIEND OF 1ST
     PLAINTIFF/1ST PETITIONER MADHUSOODANAN NAIR REMOVED
     AS PER ORDER IN I.A.2578/2009 MUNSIFF COURT, VARKALA
     UPHOLDING THE SAME IN CRP 168/2015 OF HON'BLE HIGH
     COURT).

     3. B.S.RAJIKUMAR
     AGED 45, S/O BHASKARA PILLAI, KARTHIKA, KANNAMBA,
     VARKALA, AYIROOR, THIRUVANANTHAPURAM-695141 (PROPOSED
     NEW NEXT FRIEND OF 1ST PLAINTIFF/1ST PETITIONER
     MADHUSOODANAN NAIR; IN I.A.NO.01/2020 OF MUNSIFF
     COURT, VARKALA)




         BY ADVS.
         S.KRISHNA KUMAR (MANGALAM)
         VARSHA G NAIR



RESPONDENTS:

         1.SARALA DEVI
         AGED 65, D/O RUGMINI AMMA,THIRUVONAM,
 OP(C) NO. 1035 OF 2021
                                        2

              CHEMPAKATHINMOODU, VENKULAM, EDAVA,
              THIRUVANANTHAPURAM DISTRICT PINCODE- 695 311

              2.USHAKUMARI
              AGED 50 D/O RUGMINI AMMA, NEDIYAKALLAZHI VEEDU,
              EDAVA P.O., THIRUVANANTHAPURAM- 695311

              3. ARAVINDAKSHAN NAIR,
USHA




              AGED 62 YRS, S/O CHELLAPPAN PILLAI, PAYATTUVILA
              VEEDU, MANTHARA, EDAVA, PIN - 695 311.

              4. MOHANAN NAIR,
              AGED 60 YEARS, S/O CHELLAPPAN PILLAI, PAYATTUVILA
              VEEDU, MANTHARA, EDAVA, PIN-695311

              5. JANAMMA,
              W/O KARUNAKARAN,KARUNALAYAM, EDAVA, PINCODE-695
              311 (DELETED FROM PARTY ARRAY VIDE ORDER
              DT.08/07/2015 IN I.A.1700/2015)

              6. VIDYA,
              D/O KARUNAKARAN, KARUNALAYAM,
              VENKULAM, EDAVA-695311




       THIS    OP    (CIVIL)      HAVING    COME   UP    FOR    ADMISSION    ON
07.06.2021,         THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1035 OF 2021
                                  3

               R. NARAYANA PISHARADI, J
     ----------------------------------------------------
                 O.P.(C).No.1035 of 2021
     -----------------------------------------------------
                 Dated this the 7th day of June, 2021


                            JUDGMENT

This original petition is filed under Article 227 of the

Constitution of India challenging Ext.P3 order passed by the

Munsiff's Court, Varkala.

2. The petitioner herein filed an application before the

trial court to appoint him as the next friend of the plaintiff in the

suit O.S. No.302/2009. The aforesaid application was dismissed

by the trial court stating that the petitioner failed to comply with

the provisions under Rule 212 of the Civil Rules of Practice,

Kerala. The trial court also observed that the petitioner did not

even state in the application that he did not have any interest

adverse to that of the plaintiff. The petitioner has challenged the

legality and propriety of the aforesaid order passed by the trial

court.

3. Heard the learned counsel for the petitioner.

4. Learned counsel for the petitioner submitted that

there was an omission on the part of the counsel who appeared OP(C) NO. 1035 OF 2021

for the petitioner in the lower court to make a proper application

with all necessary particulars. Learned counsel submits that he

is ready to cure the defects in the application.

5. Considering the facts and circumstances of the case, I

find that the petitioner can be granted liberty to file a fresh

application for the same purpose.

6. Consequently, the original petition is disposed of as

follows: The petitioner is granted liberty to file a fresh

application in the trial court for appointment of him as next

friend of the plaintiff in the suit. If such application is filed

within a period of one month from today, the trial court shall

consider such application on merits and dispose of it in

accordance with law as expeditiously as possible.

Sd/-R. NARAYANA PISHARADI JUDGE lsn OP(C) NO. 1035 OF 2021

APPENDIX

PETITIONERS EXHIBITS:

EXT.P1: COPY OF ORDER DATED 13.03.2020 PASSED BY THE HONOURABLE HIGH COURT IN CRP NO.168 OF 2015.

EXT.P2: COPY OF I,A,01/2020 FILED BY 2ND PETITIONER BEFORE MUNSIFF'S COURT, VARKALA IN O.S.NO.302/2009 DTD 23.11.2020.

EXT.P3: COPY OF ORDER DATED 19.03.2021 PASSED BY MUNSIFF'S COURT, VARKALA IN I.A.01/2020 IN O.S.NO.302/2009.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN