M.C. Punnen v. Babu Thomas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 OP(C).No. 1620 of 2014 (O) ------------------------------- (Against the order dtd.9.6.14 in I.A.655/14 in O.S.384/12 before Additional Sub Court, Kottayam) PETITIONER/RESPONDENT/PLAINTIFF:

------------------------------------------- M.C. PUNNEN, AGED 75 YEARS S/O. (LATE) K.C.CHACKO, MALIYAKKAL VEEDU PANAYAKKAZHIPPUKARA, Y.M.C.A. ROAD, MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT, NOW RESIDING AT UNJAPUNG MAWING B.BLOCK, SHILLONG, MEGHALAYA STATE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.C.JOSEPH, NO.3, PRABHU STREET, SANTHOSH APARTMENT, VETRI NAGAR, CHENNAI-TAMIL NADU-600082. BY ADVS.SRI.LIJI.J.VADAKEDOM SRI.P.A.RABEEZ SRI.RAJEEV JYOTHISH GEORGE RESPONDENT/PETITIONER/DEFENDANT:

--------------------------------------------- BABU THOMAS, AGED 55 YEARS S/O.LATE P.C.THOMAS, MALIEKKAL HOUSE CHILDREN'S LIBRARY ROAD (NEAR CPI(M) OFFICE) KOTTAYAM TALUK, KOTTAYAM DISTRICT-686001.

BY ADV. SRI.M.J.THOMAS THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 1620 of 2014 (O) ------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT P1- THE COPY OF THE PLAINT O.S.NO. 384/20142 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT P2- THE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 384/2012 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT P3- THE COPY OF THE PETITION FILED BY THE DEFENDANT TO REOPEN THE EVIDENCE IN O.S.NO. 384/2012 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT P4- THE COPY OF THE OBJECTION FILED BY THE PLAINTIFF AGAINST EXHIBIT P3 PETITOIN IN O.S. NO. 384/2012 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT P5- THE COPY OF THE ORDER DATED 9-6-2014 IN I.A.NO. 655/2014 IN OS.NO. 384/2012 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT P6- THE COPY OF THE TREATMENT RECORDS OF PW1 AT THE CANCER INSTITUTE, CHENNAI.

EXHIBIT P7- THE COPY OF THE SCANNING REPORT DATED 8-6-2014 ISSUED FROM AARTHI SCANS, CHENNAI TO THE POWER OF ATTORNEY HOLDER IN O.S.NO. 384/2012 BEFORE THE ADDITIONAL SUB COURT, KOTTAYAM.

EXHIBIT P8- THE COPY OF THE MEDICAL CERTIFICATE DATED 13-6-2014 ISSUED FROM SOUL HOSPITAL CHENNAI ALONG WITH THE TREATMENT RECORDS FROM 24-4-2014 TILL 7-6-2014. RESPONDENT'S EXHIBITS: NIL.

----------------------------- // True Copy // P.A. To Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.1620 OF 2014 ------------------------------------------------- Dated this the 31st day of March, 2015.

J U D G M E N T

Under challenge is Ext.P5 order passed by the Additional Sub Judge, Kottayam. That order related to the recalling of witness.

2. The main objection raised is that without considering the objection filed by the petitioner to the application for recalling the witness, a non speaking order has been passed by the court below imposing certain conditions.

3. Learned counsel appearing for the petitioner points out that the impugned order has been passed in a mechanical way without adverting to the objections raised by the petitioner.

4. After having gone through the records, there seems to be little substance in the contention raised by the learned counsel for the petitioner.

O.P.(C) No.1620/2014 This original petition is allowed and the impugned order is set aside and the matter is remanded to the trial court for fresh consideration in accordance with law.

Sd/- P.BHAVADASAN JUDGE smp