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2016 Supreme(Ker) 380

K.ABRAHAM MATHEW
Simi Salim – Appellant
Versus
Tip Top Furniture Industries – Respondent


Advocates Appeared:
For the Appellant : G.S. Reghunath.
For the Respondent: S. Sreekumar, P. Martin Jose, P. Prijith and Thomas P. Kuruvilla.

JUDGMENT :

K. Abraham Mathew, J.

1. During the Christmas holidays in 2007 respondents 1 to 3 filed a plaint in the court of district judge, Thiruvananthapuram, which has been empowered to entertain it by section 19(1) of the Kerala Civil Courts Act. The court took it on its file as I.A. No. 3636 of 2007. The plaint showed that the court having jurisdiction to entertain the suit was sub court at Thiruvananthapuram. The petitioners in this O.P. who are defendants 1 and 2, entered appearance and filed Ext P2 'written statement'. They challenged the territorial jurisdiction of sub court at Thiruvananthapuram to entertain the suit as the plaint schedule properties are situated within the local limits of sub court at Attingal. They also raised a contention that as the valuation shown in the plaint was only Rs. 25,000/- Munsiff court alone had jurisdiction to entertain the suit. The district court returned the plaint with the endorsement ''returned for want of jurisdiction''. Along with the plaint the 'written statement' filed by the petitioners also was given to respondents 1 to 3. The latter made changes in the valuation shown in the plaint and filed it in sub court, Attingal, which took





































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