SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(Ker) 733

M.N.KRISHNAN
Davina Taylor Philipps – Appellant
Versus
Musthafa – Respondent


JUDGMENT

M.N. Krishnan, J.

1. This writ petition is filed against the common order of dismissal of OP (TP) Nos. 169, 170 and 171/07. All these applications were filed to transfer OS 135/04, 272/03 and 47/05 pending before the I Addl. Subordinate Judge, Thiruvananthapuram to the Subordinate Court, Neyyattinkara under S.24 CPC. All these suits are filed by the petitioner against the defendants for damages for malicious prosecution of the petitioner. It is submitted that the cause of action for the suit had arisen within the jurisdiction of the Subordinate Judge, Neyyattinkara and the suit should have been instituted there. The petitioner's counsel would contend that S.24(5) CPC gives power to the Court to transfer a suit or proceedings under S.24 from a Court which has no jurisdiction to try it. The learned counsel would contend that substantial injury will be caused to the client if the Court orders return of plaint under O.7 R.10A for the reason if the Court finds that the plaint is to be returned under O.7 R.10A CPC the Court in which it is to be instituted will get jurisdiction and the cause of action only from the date of representation and if it is construed in this case the plai



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top