HIGH COURT OF KERALA
V.K.MOHANAN, P.D.RAJAN, JJ
BALAKRISHNAN – Appellant
Versus
GEETHA N G Advocate - C CHANDRASEKHARAN, ,C CHANDRASEKHARAN,A N KUTTAN – Respondent
JUDGMENT
P.D.Rajan, J.
This appeal is directed against the order in I.A.No.4078/2013 in O.P.No.1145/2011 of the Family Court, Thrissur. Appellant/petitioner filed the above O.P. for declaration of title over the plaint schedule property and other incidental reliefs against his wife, the respondent herein. The appellant filed another O.P.No.1162/2011 seeking return of gold ornaments and other articles. The wife also filed three other petitions, namely, O.P.Nos.1239/2011, 1126/2012 and 78/2013 against her husband. While so, the appellant filed I.A.No.2421/2013 for joint trial of all the above five cases and accordingly, on
9.12.2013, the senior counsel entrusted the file to junior counsel, who failed to represent the case. Therefore, O.P.No.1145/2011 and O.P.No.1162/2011 were dismissed on the ground that there was no representation. In the circumstances, an application for restoration of the case under Order IX Rule 9 of the Code was filed by the petitioner's Advocate for and on behalf of the petitioner/appellant. That application was dismissed stating that the petition and the affidavit were signed by the Advocate and not by the party. In the above circumstances, the appellant/husband
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