WP(C) No. 27930 of 2007 · Kerala High Court
Case at a glance
- Decided
- 20 Sep 2007
- Bench
- M N KRISHNAN
Outcome
Disposed of
Writ petition is disposed of as above
Provisions considered
- Indian Evidence Act, 1872 ss. 107, 108
Judgment
Operative part
M.N.KRISHNAN, J=====================W.P.(C) No.27930 OF 2007=====================Dated this the 20th day of September 2007JUDGMENTThis writ petition is filed to set aside Ext.P3 order whereby the IAddl. Munsiff, Ernakulam has directed the plaintiff to take steps. Learnedcounsel for the petitioner submits before me that the suit is filed with respect to one person, viz., P.V.S.Narayanan invoking Sections 107 and 108of the Evidence Act to the effect that as he is unheard for more than 7 years by persons who would have heard about him if he had been alive and for afurther relief that Rs.92,000/- which is lying in the Savings Bank Accountof Narayanan may be released to the plaintiffs. Learned counsel for the petitioner would submit that the defendant bank had not contested the case and chosen to remain ex parte. Learned counsel for the bank submits that it has no objection. In such a situation, the court has only to find out from the evidence tendered by the plaintiffs and pass a judgment in accordance with law. It may not be necessary to take any further steps in the matter unless the court specifically states that what is the doubt it is entertaining. Inthese type of cases guidelines to be followed are rendered by this court in WP(C)27930/2007-:2:-the decision reported in Bhargavi Amma v. Bhaskaran Pillai(1988(2)KLT 537). The court, after hearing the plaintiffs may dispose of the matterin accordance with law without further delay in the matter. Writ petition is disposed of as above.M.N.KRISHNAN, JUDGECdp/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition is disposed of as above
Which statutory provisions did this judgment involve?
Indian Evidence Act, 1872 — ss. 107, 108.
Which court decided this case, and when?
Kerala High Court, on 20 Sep 2007. The bench was M N KRISHNAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.