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2008 Supreme(Ker) 682

KURIAN JOSEPH, K.T.SANKARAN
Canara Bank, A Body Corporate – Appellant
Versus
Garts Ind Tex (P) Ltd. – Respondent


Advocates Appeared:For the Petitioner:P. Gopinath, Advocate. For The Respondents: Dr. Varghese Mundakkal (Party-In-Person).

Judgment :-

Kurian Joseph, J.

The inherent powers of the Court to pass such orders required in the ends of justice and for preventing abuse of the process of court have been saved under Section 151 of the Code of Civil Procedure. Certain specific provisions have also been provided in the Code to deal with such situations, in dealing with false and vexatious claims and abuse of the process of the court.

In this appeal we are called upon to deal with some such powers specifically provided under the Code.

2. The appeal is filed against the Order dated 27-3-2006 in I.A.No.5243/2005 in O.S.No.452/2002 on the file of the I Additional Sub Court, Ernakulam. The plaintiff is the appellant. Parties are referred to as plaintiff and defendants. The plaintiff Bank instituted the suit for realisation of amounts advanced to the first defendant firm. Defendants 3 and 4 are the sureties. According to the plaintiff the second defendant had executed a power of attorney in favour of the 4th defendant and using the said power of attorney the 4th defendant mortgaged the property belonging to the second defendant towards security. According to the second defendant, the 4th defendant had forged the power o





























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