Joji George vs Nil
2021 Latest Caselaw 18172 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        OP(C) NO. 805 OF 2021
PETITIONERS:

    1     JOJI GEORGE
          AGED 43 YEARS
          W/O LATE AJI THOMAS,
          THEVARMADOM HOUSE,
          MANNATHOOR KARA,
          THIRUMARADY VILLAGE,
          MUVATTUPUZHA TALUK,
          PIN-686667,
          REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
          BINDHU P.A., AGED 53 YEARS,
          W/O REJI THOMAS,
          RESIDING AT THEVARMADOM HOUSE, MANNATHOOR KARA,
          THIRUMARADY VILLAGE,
          MUVATTUPUZHA TALUK-686667.

    2     ANN MARIA THEVARMADOM,
          AGED 15 YEARS
          D/O LATE AJI THOMAS,
          THEVARMADOM HOUSE,
          MANNATHOOR KARA,
          THIRUMARADY VILLAGE,
          MUVATTUPUZHA TALUK,
          PIN-686667, REPRESENTED BY HER NEXT FRIEND
          BINDHU P.A., AGED 53 YEARS, W/O REJI THOMAS,
          RESIDING AT THEVARMADOM HOUSE,
          MANNATHOOR KARA,
          THIRUMARADY VILLAGE,
          MUVATTUPUZHA TALUK,
          PIN-686667,

    3     ISABEL ALICE THEVARMADOM,
          AGED 11 YEARS, D/O LATE AJI THOMAS,
          THEVARMADOM HOUSE, MANNATHOOR KARA,
          THIRUMARADY VILLAGE,
          MUVATTUPUZHA TALUK,
          PIN-686667, REPRESENTED BY HER NEXT FRIEND
          BINDHU P.A., AGED 53 YEARS,
          W/O REJI THOMAS, RESIDING AT THEVARMADOM HOUSE,
          MANNATHOOR KARA, THIRUMARADY VILLAGE,
          MUVATTUPUZHA TALUK-686667.
 OP(C) NO. 805 OF 2021
                                       2




            BY ADVS.


            P.B.KRISHNAN
            SRI.A.C.THOMAS ADHIKARAM
            SRI.P.B.SUBRAMANYAN
            SRI.SABU GEORGE
            SRI.MANU VYASAN PETER



RESPONDENT:

             NIL
             X


     THIS     OP     (CIVIL)     HAVING    COME   UP    FOR    ADMISSION   ON
03.09.2021,        THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 805 OF 2021
                                  3

                           JUDGMENT

The challenge in this Original Petition is against Ext.P3

order by which the partition suit filed by the petitioners was

returned without numbering. The learned counsel for the

petitioner submitted that even when a plaint is rejected or

returned, the court is bound to state the reason.

2. I find merit in the submission. Requirement of

indicating reasons has been judicially recognised as imperative.

Perusal of the impugned order shows that absolutely no reason is

stated for returning the plaint. Being so, I am left with no

alternative than to set aside the impugned order. In the result,

Ext.P3 order is set aside. The learned Munsiff shall take up the

matter afresh and pass a reasoned order thereon, with reference

to the statutory provisions. Such exercise shall be completed

within two weeks of receipt of copy this judgment.

The Original Petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE scs OP(C) NO. 805 OF 2021

APPENDIX OF OP(C) 805/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 11.03.2021 IN OS UNNUMBERED OF 2021 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE BRANCH MANAGER, THE MUVATTUPUZHA URBAN CO-OPERATIVE BANK LTD, NO.556.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 16.03.2021 IN OS UNNUMBERED OF 2021 ON THE FILE OF THE MUNSIFF'S COURT, MUVATTUPUZHA.