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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
KARODE GRAMA PANCHAYAT – Appellant
Versus
VIJAYARAJ – Respondent
| Table of Content |
|---|
| 1. challenge to order rejecting plaint under cpc 1908 (Para 1 , 2) |
| 2. arguments regarding statutory notice under section 249 (Para 3 , 4) |
| 3. court's analysis of trial court order and legal grounds for decision (Para 5 , 7 , 8 , 9) |
| 4. court's directive for reconsideration of application (Para 10) |
| 5. setting aside of trial court's order with instructions for reconsideration (Para 11) |
‘CR’
VIJU ABRAHAM, J.
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O.P.(C) No.1393 of 2024 - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 29th day of August, 2024
JUDGMENT
The above original petition is filed challenging Ext.P7 order, whereby Ext.P5 application filed by the petitioner seeking to reject the plaint under Order VII Rule 11(d) of the Code of Civil Procedure 1908 (CPC) was rejected.
2. The brief facts necessary for the disposal of the original petition are as follows:
The petitioner is a Grama Panchayat and the defendant in O.S. No. 39/2017 on the files of Sub Court, Neyyattinkara and the respondent herein is the plaintiff in the suit. The said suit is one for realisation and recovery of an amount of Rs.25,65,728/- with interest at the rate of 12% from the defe
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