Court : Kerala
Decided on : Nov-16-2006
Reported in : 2008ACJ51
..... be due to defective materials, imperfect drawing, bad maintenance or by external causes. in any of these circumstances, respondents may not be justified in contending that the mishap is by act of god. this is because accepted safety measures can de-energise the lines. it is not as if there are no parameters prescribed for resorting to safety measures for avoiding .....
Tag this Judgment!Court : Kerala
Decided on : Jun-21-2006
Reported in : 2008(1)KLJ72
ORDERK.T. Sankaran, J.1. The question involved in this revision is whether the plaintiffs in a suit could be granted permission to withdraw the suit with liberty to institute another suit on the basis of a cause of action different from the one involved in the suit.2. The revision petitioners filed O.S. No. 16 of 1992, on the file of the Court of the Munsiff of Haripad against respondents for permanent prohibitory injunction, for fixation of boundary and for mandatory injunction. The plaintiffs claimed title to an extent of one cent 650 Sq. links of land (plaint A schedule property). They purchased it from a larger area having an extent of 22 cents. The plaintiffs have constructed a building in the property purchased by them and are doing business there. Plaint B schedule item Nos. 1 and 2 admittedly belonged to the first defendant. The first defendant had also purchased B schedule item Nos. 1 and 2 from out of the total extent of 22 cents. The plaintiffs alleged that under the pretext...
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