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SARASWATHI, AGED 53 YEARS versus M/S. MANAPPURAM GENERAL FINANCE &

High Court of Kerala

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SARASWATHI, AGED 53 YEARS v. M/S. MANAPPURAM GENERAL FINANCE & - WP(C) No. 8188 of 2006(Y) [2007] RD-KL 14213 (26 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8188 of 2006(Y)

1. SARASWATHI, AGED 53 YEARS,
... Petitioner

Vs

1. M/S. MANAPPURAM GENERAL FINANCE &
... Respondent

2. THE MANAGER,

For Petitioner :SRI.VINOD RAVINDRANATH

For Respondent :SRI.P.K.MANOMOHANAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :26/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO. 8188 of 2006

Dated this the 26th day of July , 2007



JUDGMENT

In an application filed by the plaintiff for directing the defendants 1 and 2 to furnish the correct address of a 3rd party, whom the plaintiff wanted to implead as additional 3rd defendant, the learned Subordinate Judge has passed Ext.P2 order virtually finding that the suit document is a fabricated one and that the plaintiff is not entitled for any decree on the basis of that document. All these findings, in my opinion, were beyond the scope of the interlocutory application, which alone, the learned judge was expected to decide. I set aside Ext.P2 and direct the learned Subordinate Judge to pass fresh orders deciding the I.A. either in the positive or in the negative after hearing both sides. The writ petition is allowed as above. PIUS C. KURIAKOSE,

JUDGE.

Dpk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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