IF THE SUIT DOES NOT APPEAR TO BE BARRED FROM THE STATEMENT IN THE PLAINT, THEN THE COURT IS TO PROCEED TO THE NEXT STAGE AS LAID DOWN UNDER THE CODE AND THEN ADJUDICATE THE SUIT AFTER A FULL-FLEDGED TRIAL: KERALA HIGH COURT
The High Court of Kerala passed a judgement on 12th January 2023 which stated that if the suit is not barred by any statement then the court has to proceed according to law and the court must conduct a fully fledged trial.It was stated in the case of S.Surendran v. State of Kerala (OP(C) NO. 2463 OF 2019)which was passed by the single judge bench comprising of JUSTICE C.S.DIAS
FACTS OF THE CASE:
The petitioner had filed the suit against the respondents for a decree for damages. the court below dismissed the suit.The petitioner filed I.A for the refund of the court fee and the legal benefit fund stamps. As there was a delay on the part of the court in disposing the application, the petitioner filed a petition before this Court. This Court orally observed that the petitioner’s remedy is to seek for the return of the plaint, plaint documents and court fee.Accordingly, the petitioner filed an interlocutory application for the return of the plaint, plaint documents, court fee and legal benefit fund stamps.The High Court had directed the court below to dispose the application within 15 days.The court below, by the impugned order, dismissed the application.Hence the petitioner filed a case before the High court.
JUDGEMENT OF THE CASE
The court did not find any mistake or inadvertence committed by the court below, as alleged by the petitioner. The attempt in the application was purely experimental in nature, which has been rightly rejected by the court below by the order. The court below has not overstepped its authority or powers, warranting interference by this Court under Article 227 of the Constitution of India. The original petition is meritless and sans substance, and is hence dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.