Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946 OP(C) NO. 1525 OF 2024 AGAINST THE ORDERS DATED 22.06.2024 IN IA NOS.6, 7 & 8/2024 IN OS NO.691 OF 2019 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM PETITIONER/DEFENDANT: VIJAYAN T R, AGED 59 YEARS S/O. RAVEENDRAN, ROHINI NIVAS, THONALLOOR KARA, MEVALLOOR VILLAGE, KOTTAYAM DISTRICT, PIN - 686609 BY ADVS. YASH THOMAS MANNULLY SOMAN P.PAUL RESPONDENT/PLAINTIFF:
E K RAJAN, AGED 54 YEARS S/O KUTTAPPAN, ELAMKULATH HOUSE, KAIPATTOOR KARA KAIPATTOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682313 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) no.1525 of 2024 2
VIJU ABRAHAM, J.
................................................................. O.P.(C) No.1525 of 2024 ................................................................. Dated this the 23rd day of July, 2024
JUDGMENT
The above original petition is filed seeking to set aside Exts.P23 to 25 orders dated 22.06.2024 of the Principal Munsiff’s Court, Ernakulam and allow Exts.P17 to 19 interim applications.
2. Petitioner is the defendant in O.S.No.691 of 2019 before the
Principal Munsiff’s Court, Ernakulam which was filed for realisation of an amount of Rs.7,60,000/- with 30% interest per annum from the defendant as per agreement dated 15.12.2018. It is submitted that the petitioner and respondent are brother in laws and the petitioner had filed written statement stating that the agreement dated 15.12.2018 was never signed. The said suit was listed for trial in the month of May 2024 and was posted on 21.05.2024. On 21.05.2024 the respondent/plaintiff filed proof affidavit incorporating new pleadings along with producing additional documents and also filed I.A.No.3 of 2024 to accept witness list and to issue summons. As the petitioner/defendant objected the marking of the additional documents the case was postponed to 24.05.2024 and I.A.No.4 of 2024 to accept additional documents was allowed without permitting the petitioner/defendant to file his objection. The respondent/plaintiff was examined on 24.05.2024 and it has come out in evidence that 30%
OP(C) no.1525 of 2024 3
exorbitant interest sought in O.S.No.691 of 2019 is with the full knowledge of PW1 and was prepared at the office of the counsel for the respondent and the said counsel’s clerk prepared and typed Ext.P1 agreement and he is cited as witness no.4. Petitioner has raised a grievance that in the cross-examination of the witnesses certain questions put by him were not recorded by the trial court and in the said circumstance, the petitioner has filed O.P (Transfer) No.97 of 2024 for the transfer of the case and the same is pending consideration before the II Additional District Court, Ernakulam. Petitioner contended that the marking of Ext.P1 document produced in O.S.No.691 of 2019 was objected to by him since the same was not properly stamped and on 30.05.2024 he has filed three interlocutory applications respectively to impound Ext.P1 agreement, to initiate proceedings under the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 and to frame additional issue whether the contract dated 15.12.2018 is void as it provides an unlawful object of 30% interest per annum, which are produced as Exts.P17 to P19, to which objections were filed by the respondent as Exts.P20 to P22. The trial court heard the petitions on 20.06.2024 and Exts.P17 to P19 applications were dismissed as per Exts.P23 to P25 orders. It is aggrieved by the same that the present original petition is filed.
3. A perusal of Exts.P23 reveals that sufficient valid reasons have been stated for not accepting the petitioner’s request for impounding OP(C) no.1525 of 2024 4
Ext.P1 document on a finding that the document has been properly stamped, whereas by Ext.P24 order I.A.No.7 of 2024 which was filed under Section 9 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 praying to the court to invoke the proceedings for violation of Section 3 of the said Act was declined stating that the relief that is sought for is to take cognizance for a criminal offence which is not within the power of the civil court. The request of the petitioner as per I.A.No.8 of 2024 for framing additional issues in the suit was declined by Ext.P25 since the same was filed belatedly and was filed after examination of three witnesses. Further the trial court has found that such a contention was never raised by the petitioner in his written statement.
Admittedly the trial of the suit has started and three witnesses have been examined. Further, valid reasons have been stated in Exts.P23 to P25 orders for rejecting the petitions filed by the petitioner. Accordingly I find no reason to interfere with Exts.P23 to P25 orders and the original petition is accordingly dismissed. Sd/- VIJU ABRAHAM JUDGE cks OP(C) no.1525 of 2024 5 APPENDIX OF OP(C) 1525/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PLAINT IN O.S. NO. 691 OF 2019 BEFORE THE PRINCIPAL MUNSIFF COURT, ERNAKULAM
Exhibit P2 TRUE COPY OF WRITTEN STATEMENT IN O.S. NO. Exhibit P3 TRUE COPY OF I.A. NO. 3 OF 2024 IN O.S. NO. Exhibit P4 TRUE COPY OF WITNESS LIST FILED BY
PLAINTIFF IN O.S. NO. 691 OF 2019 BEFORE Exhibit P5 TRUE COPY OF I.A. NO. 4 OF 2024 IN O.S. NO. Exhibit P6 TRUE COPY OF B DIARY PROCEEDINGS DATED 14- 06-2024 IN O.S. NO. 691 OF 2019 BEFORE
Exhibit P7 TRUE COPY OF DEPOSITION OF PW1 Exhibit P8 TRUE COPY OF DEPOSITION OF PW2 Exhibit P9 TRUE COPY OF DEPOSITION OF PW3 Exhibit P10 TRUE COPY OF AGREEMENT DATED 15-12-2018
MARKED AS EXHIBIT P1 IN O.S. NO. 691 OF Exhibit P11 TRUE COPY OF O.P. (TRANSFER) NO. 97 OF 2024 FILED BEFORE DISTRICT COURT, ERNAKULAM Exhibit P12 TRUE COPY OF OP (C) NO 1375 OF 2024 BEFORE THIS HON'BLE WITHOUT EXHIBITS
Exhibit P13 TRUE COPY OF INTERIM ORDER DATED 28-06-2024 Exhibit P14 TRUE COPY OF INTERIM ORDER DATED 01-07-2024 Exhibit P15 TRUE COPY OF COPY APPLICATION NO. 2399 OF OP(C) no.1525 of 2024 6
Exhibit P16 TRUE COPY OF COPY APPLICATION NO. 2536 OF Exhibit P17 TRUE COPY OF I.A. NO 6 OF 2024 IN O.S. NO. Exhibit P18 TRUE COPY OF I.A. NO 7 OF 2024 IN O.S. NO. Exhibit P19 TRUE COPY OF I.A. NO 8 OF 2024 IN O.S. NO. Exhibit P20 TRUE COPY OF OBJECTION FILED IN I.A. NO 6 Exhibit P21 TRUE COPY OF OBJECTION FILED IN I.A. NO 7 Exhibit P22 TRUE COPY OF OBJECTION FILED IN I.A. NO 8 Exhibit P23 TRUE COPY OF ORDER DATED 22-06-2024 IN I.A.
NO 6 OF 2024 IN O.S. NO. 691 OF 2019 BEFORE Exhibit P24 TRUE COPY OF ORDER DATED 22-06-2024 IN I.A. NO 7 OF 2024 IN O.S. NO. 691 OF 2019 BEFORE Exhibit P25 TRUE COPY OF ORDER DATED 22-06-2024 IN I.A. NO 8 OF 2024 IN O.S. NO. 691 OF 2019 BEFORE