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2024 Supreme(Online)(KER) 35345

HIGH COURT OF KERALA
VIJU ABRAHAM, J
VALSALA – Appellant
Versus
MANGALATH KURIES – Respondent


Advocates:
K.S.RAJESH, M.SHAJU PURUSHOTHAMAN, ABHILASH K.N., SUNIL NAIR PALAKKAT(K/1049/1999)

JUDGEMENT

The above original petition is filed challenging Ext.P5 order dated 03.01.2023 in I.A. No.1 of 2021 in O.S.No.987 of 2018 on the file of the Munsiff’s Court, Kodungallur whereby the application seeking amendment of the plaint was allowed.

2.Petitioners are the defendants in O.S.No.987 of 2018 pending before the Munsiff’s Court, Kodungallur, a suit filed for realization of money with respect to a kuri transaction. It is the case of the petitioners that as per the plaint averments, the cause of action for the suit arose on date of receipt of kuri amount by the defendants on 18.05.2013, date of default made by the defendants on 02.12.2013 and date of completion of period of kuri on 02.11.2015. The petitioners would contend that in Ext.P2 written statement they have taken a contention that the suit is barred by limitation since one of the causes of action alleged in the plaint is the date of default in repaying the kuri amount on 02.12.2013. It is further contended that before filing the suit, the respondent/plaintiff had issued a legal notice to the petitioners/defendants and the petitioners had issued a reply lawyer notice also. After expiry of almost three years from the dat

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