Rajasree vs Dileepkumar (Insane)

Type Court Judgment Court Kerala Decided Jan 15, 2020

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Citation: sooperkanoon.com/1780692
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Jan 15, 2020
Case Number: OP(C)/2026/2015

Parties & Advocates

Appellant / Petitioner

Rajasree

Respondent

Dileepkumar (Insane)

Excerpt

.....said aspect was also not considered by the court below, is the submission of the learned counsel for the petitioner. it appears from ext.p1 that the court below did not consider the report of medical examination of the plaintiff. since the court below did not consider the report of the medical examination of the plaintiff before passing ext.p1 order, i am inclined to set aside ext.p1 order and direct the court below to consider the matter afresh, in accordance with law. it is ordered accordingly.5. the question of furnishing the security shallbe considered subject to the result of the order, which will be passed by the court below under order xxxii rule 15, for which the petitioner will have to file a fresh application before the court below. needless to state that the court below shall consider the entire materials on record, in accordance with law, before passing order afresh under order xxxii rule 15.this original petition stands disposed of as above. this being a matter of the year 2015, the court below is directed to pass order afresh, as expeditiously as possible and at any rate within one month from the date of receipt/production of a copy of this judgment.sd/- b.sudheendra kumar judge rk/15.01.2020 appendix petitioner's/s exhibits: exhibit p1 ext.p1. true copy of the proceedings of the sub judge, chavakkad dated 6/4/2015 in os 8/2015. exhibit p2 ext.p2. true copy of the affidavit and petition dated 6/4/2015 numbered as ia no.675/2015 of sub court, chavakkad. exhibit p3 ext.p3. true copy of the order dated the sub court, chavakkad. respondent's/s exhibits:nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941 AGAINST THE ORDER/JUDGMENT IN OS 8/2015 OF SUB COURT, CHAVAKKAD PETITIONER/S: RAJASREE AGED 29 YEARS D/O.SASRASWATHI AMMA, KANDAMKORATHU HOUSE, NJAMANANGAD P.O., VIA KUNNAMKULAM, THRISSUR DISTRICT. BY ADVS. SRI.K.RAMACHANDRAN SMT.M.C.BINDUMOL RESPONDENT/S:
1 DILEEPKUMAR (INSANE) AGED 37 YEARS S/O.SARADA AMMA, VAILATHUR AMSOM DESOM, VAILATHUR, CHAVAKKAD TALUK, THRISSUR DISTRICT, REPRESENTED BY RAMADEVI, D/O.KRISHNAPPANIKKAR, NO.48, SREEDURGA ESTATE, NEW JEEDI METTA, HYDERABAD, PIN-500 055. 2 SANTHAKUMARI INSANE VAILATHUR AMSOM DESOM, VAILATHUR, CHAVAKKAD TALUK, THRISSUR DISTRICT, REPRESENTED BY RAMADEVI, D/O.KRISHNAPPANIKKAR, NO.48, SREEDURGA ESTATE, NEW JEEDI METTA, HYDERABAD, PIN-500 055. R1-2 BY ADV. SMT.A.PARVATHI MENON R1 BY ADV. SRI.P.SANJAY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15.01.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Ext.P1 and Ext.P3 orders are under challenge in this original petition.

2. Heard.

3. As per Ext.P1 order, the court below found that the plaint filed through the next friend does not suffer from any vices.

4. It has been submitted by the learned Counsel for the advocates that the plaintiff was subjected to

medical examination. The learned Counsel for the petitioner has submitted that even though the plaintiff was subjected to medical examination, the report of the medical examination was not considered by the court below while passing Ext.P1 order. It has been

further submitted by the learned Counsel for the petitioner that it was revealed during the cross- examination of the next friend that the plaintiff was one of the witnesses in a criminal case filed by another party. However, the said aspect was also not considered by the court below, is the submission of the learned Counsel for the petitioner. It appears from Ext.P1 that the court below did not consider the report of medical examination of the plaintiff. Since the court below did not consider the report of the medical examination of the plaintiff before passing Ext.P1 order, I am inclined to set aside Ext.P1 order and direct the court below to consider the matter afresh, in accordance with law. It is ordered accordingly.

5. The question of furnishing the security shall

be considered subject to the result of the order, which will be passed by the court below under Order XXXII Rule 15, for which the petitioner will have to file a fresh application before the court below. Needless to state that the court below shall consider the entire materials on record, in accordance with law, before passing order afresh under Order XXXII Rule 15.

This Original Petition stands disposed of as above. This being a matter of the year 2015, the court below is directed to pass order afresh, as expeditiously as possible and at any rate within one month from the date of receipt/production of a copy of this judgment.

Sd/- B.SUDHEENDRA KUMAR JUDGE RK/15.01.2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 EXT.P1. TRUE COPY OF THE PROCEEDINGS OF THE SUB JUDGE, CHAVAKKAD DATED 6/4/2015 IN OS 8/2015. EXHIBIT P2 EXT.P2. TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 6/4/2015 NUMBERED AS IA NO.675/2015 OF SUB COURT, CHAVAKKAD. EXHIBIT P3 EXT.P3. TRUE COPY OF THE ORDER DATED THE SUB COURT, CHAVAKKAD. RESPONDENT'S/S EXHIBITS:NIL

Same Court & Year Kerala · 2020 Same Parties Rajasree vs Dileepkumar (Insane) Same Judge Honourable Mr. Justice B.Sudheendra Kumar