Kerala High Court
Paulose vs Pv Thomas on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
OP(C) NO. 545 OF 2024
OS NO.233 OF 2017 OF MUNSIFF COURT, PERUMBAVOOR
PETITIONER(S)/PETITIONER IN IA/ADDL 5TH DEFENDANT:
1 PAULOSE
AGED 60 YEARS
S/O VARKEY, PALAKKUNNEL HOUSE,
KADAKKANADU KARA, MAZHUVANOOR VILLAGE,
KUNNATHUNADU,
ERNAKULAM, PIN - 686669
BY ADVS.
P.THOMAS GEEVERGHESE
TONY THOMAS (INCHIPARAMBIL)
AMRUTHA K.P.
SRADHA MOHAN
SAGAR ROSHAN
RESPONDENT(S)/RESPONDENT/PLAINTIFFS 1 TO 3, 6 TO 9 AND DEFENDANTS:
1 PV THOMAS
S/O VARKEY, PALAKUNNEL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
2 FR BABU JOHN
S/O JOHN, PALAKKUNNEL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
3 RAJU
S/O OUSEPH, PALAKUNNEL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
4 KURIYACHAN
S/O POULOSE, PUTHUSSERY MOLEL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
5 GEORGE
S/O PAULOSE, PUTHUSSERY MOLEL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
6 MARIYAMMA,
W/O ULAHANNA, KATTUCHIRAYIL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
O.P.(C.) No.545 of 2024
2
7 KUMARAN
S/O AYYAPPAN, PALLATTUKUDIYIL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
8 SIVAN
S/O LATE AYYAPPAN, PARAKKAL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
9 KUMARI
W/O SIVAN, PARAKKAL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
10 TINTO
D/O SIVAN, PARAKKAL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
11 ANEESH
H/O TINTO, PARAKKAL HOUSE, KADAKKANADU KARA,
MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM, PIN - 686669
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.545 of 2024
3
C.JAYACHANDRAN, J.
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O.P.(C.) No.545 of 2024
------------------------------------
Dated this the 29th day of February, 2024
JUDGMENT
The petitioner herein is the additional 5th defendant
in the suit, O.S. No.233/2017 of the Munsiff Court,
Perumbavoor. Petitioner is aggrieved by Ext.P7 order,
which rejected the petitioner's request to examine a
witness, vide a witness schedule, who was the counsel
appearing for the plaintiffs, earlier. Such a course was
necessitated, since the present petitioner/D5 took a
contention that the plaint itself is a forged one,
inasmuch as the 9 plaintiffs, who are allegedly shown
as plaintiffs, have not set and subscribed their hands to
the plaint. Pursuant thereto, as many as four among
the plaintiffs have come forward and filed affidavit
before the Court, stating that they have not signed the
plaint. It was in such circumstance that the counsel,
who was appearing for the plaintiffs at the time when
this suit was filed, was sought to be examined. The
same is rejected vide Ext.P7 order, stating that, one
among the said four plaintiffs have already been
examined and there is no necessity to examine the
lawyer, who was appearing earlier for the plaintiffs. The
learned Munsiff also found that the attempt of the
present petitioner/D5 is to drag the matter.
2. Having regard to the peculiar facts and
circumstances, this Court cannot endorse Ext.P7. The
things which have transpired in this case is something
unusual and even the propriety in having continued
with the suit, with the plaint as framed, itself is
doubtful. However, at this distance of time, it is not
conducive to look into that question, inasmuch as
evidence have been substantially adduced by all the
parties, including the 5th defendant. However, the
limited prayer of the petitioner/D5 to examine the
counsel, for whatever purpose it is worth, cannot be
refused in the peculiar facts and circumstance of the
case.
3. This Court, therefore, set aside Ext.P7 order,
with a corresponding direction to the learned Munsiff to
permit the petitioner/D5 to examine the earlier counsel
appearing for the plaintiffs in the suit, in respect of
whom, witness list have already been filed, way back in
the year 2022.
The Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/29-02
APPENDIX OF OP(C) 545/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OS. 233/2017 OF
MUNSIFFS COURT PERUMBAVOOR DATED.27.6.2017
EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT OF THE
5TH DEFENDANT IN OS. 233/2017 OF MUNSIFFS COURT
PERUMBAVOOR DATED.23.9.2019
EXHIBIT P3 THE TRUE COPY OF THE IA 1506/2018 IN
OS.233/2017 OF MUNSIFFS COURT PERUMBAVOOR
DATED.15.10.2018
EXHIBIT P3[A] THE TRUE COPY OF THE MEMO DATED 13.12.2021
EXHIBIT P4 TRUE COPY OF THE WITNESS LIST ON 29/10/2022
EXHIBIT P5 THE TRUE COPY OF THE PETITION FILED AS IA
19/2023 IN OS. 233/2017 OF MUNSIFFS COURT
PERUMBAVOOR DATED.4.8.2022
EXHIBIT P6 TRUE COPY OF THE DEPOSITION OF DW4
DATED.5.7.2023
EXHIBIT P7 THE TRUE COPY OF THE ORDER IN IA. 19/2023 IN
OS. 233/2017 OF MUNSIFFS COURT PERUMBAVOOR
DATED.24.1.2024
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
