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1996 Supreme(Online)(Ker) 1291

KERALA HIGH COURT
K. Sreedharan, J.
Manganam Service Coop. Bank Ltd. v. Zachariah Joseph


Table of Content
1. procedural issues regarding interlocutory applications. (Para 1 , 2)
2. dismissal of appeal due to procedural flaws does not preclude filing new appeals. (Para 3 , 5)
3. court must ensure justice by allowing rectifications of procedural defects. (Para 4 , 6 , 7 , 8)

1. Plaintiff in O. S.387/95 on the file of the Principal Munsiff's Court, Kottayam is the petitioner in these revision petitions. Respondent in both the revision petitions is the defendant in the said suit. The suit was one to retrain the defendant or anybody under him from forcibly trespassing into the plaint schedule rooms or putting anybody else in possession or alienating the same in any manner to anybody. Along with the suit, plaintiff filed I.A. 1423/95 for a temporary injunction on the lines prayed for in the plaint. Ex-party temporary injunction was granted by the Trial Court. Defendant filed his objection to that interlocutory application and prayed for vacating the order of injunction. He also filed I. A. 1512/95 for the relief of mandatory injunction to direct the petitioner plaintiff to open the schedule rooms and to permit him to continue there. The Trial Court heard both interlocutory appli













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