IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 3^RD DAY OF JULY 2023 / 12TH ASHADHA, 1945 OP(C) NO. 1313 OF 2016 (AGAINST THE ORDER IN I.A.No.638/2016 IN OS 292/2013 OF PRINCIPAL MUNSIFF COURT II ,KOZHIKODE)

PETITIONER/RESPONDENT/SUPPLEMENTAL PLAINTIFF No.2:

SHOLLY LOOKOSE AGED 53 YEARS S/O.SASALILOOKOSE, RESIDING AT 9/1128, KARATTUMALAYIL, ANJAL ARCADE, KOODARANGHI VILLAGE, KOZHIKODE TALUK.

BY ADVS.

SRI.SHYAM PADMAN SRI.C.M.ANDREWS SMT.BOBY M.SEKHAR SRI.P.T.MOHANKUMAR RESPONDENT/PETITIONER/DEFENDANT:

V.I.JOSEPH AGED 68 YEARS S/O.IPE, VAYITHARA HOUSE, AMAYANOOR KARA, AYAKKUNNAM VILLAGE, NOW RESIDING AT NCK TOURIST HOME, MAVOOR ROAD, KASABAAMSOM AND DESOM, P.O.KOZHIKODE - 673 004.

BY ADV SRI.GEORGE ZACHARIAH ERUTHICKEL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CR

JUDGMENT

A strange contention was raised before the trial court regarding the counter claim raised on the death of original plaintiff. The legal heirs of original plaintiff were impleaded as supplementary plaintiffs. Thereon a contention was raised that counter claim will stand abated due to non- impleadment of th