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

2022 Supreme(Ker) 1048

A. BADHARUDEEN
Babu Kottayil S/o Krishnankutty – Appellant
Versus
Kerala Vyapari Vyavasayi Ekopana Samithi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Binoy Vasudevan, T. Krishnanunni.
For the Respondents: B. Premnath, Sarath M.S., Jyothi C.R.

JUDGMENT :

A. BADHARUDEEN, J.

1. This Original Petition (Civil) has been filed under Article 227 of the Constitution of India challenging Ext.P3 judgment dated 27.9.2011 in O.S. No. 511/2021 on the file of the Second Additional Munsiff Court, Thrissur.

2. Heard both sides.

3. It is submitted by the learned counsel for the petitioners that the learned Munsiff as per Ext.P3, impugned order, found that the Munsiff Court lacks territorial jurisdiction to deal with the issue raised in the above Suit.

4. Refuting this contention, it is submitted by the learned counsel for the contesting respondents that this Original Petition is not maintainable since an order returning the plaint under Order 7 Rule 10 is an appealable order as provided under Order 43 Rule 1(a) of the Code of Civil Procedure. It is submitted further that availability of appellate remedy can be near to total bar for exercising supervisory jurisdiction. In this connection the learned counsel for the respondents placed decision reported in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and Others vs. Tuticorin Educational Society and Others, 2019 (9) SCC 538 : 2019 KHC 7006.

5. However, the learned counsel appearing for the

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