REVISION v. (LATE)
Case at a glance
- Bench
- T R RAVI
Key paragraphs
- Para 33. I find justification in the contention raised by the petitioner. Since it is a question of maintainability, it is only appropriate that the issue is framed and heard initially before CRP NO. 371 OF 2023 3 the parties are sent for trial. In the…
Judgment
REVISION PETITIONER/DEFENDANT 2: MUNSIFF COURT, ERNAKULAM VARGHESE K. CHERIAN AGED 57 YEARS S/O CHERIAN M. V. (LATE), KAKKANATT HOUSE, THUKALASSERY, THIRUVALLA P. 0., THE CHIEF EXECUTIVE OFFICER, KOTTAYAM PORT AND CONTAINER TERMINALS PRIVATE LIMITED, NATTAKAM, KOTTAYAM, PIN – 689101. BY ADV GEORGE ZACHARIAH ERUTHICKEL RESPONDENTS/PLAINTIFF: 1 2 LAXMI CRANES & TRAILERS PVT. LTD, REGD.OFFICE, BUILDING NO. VII/602-A, KUNDANNOOR, KOCHI-682304, REPRESENTED BY ITS MANAGING DIRECTOR, BHASI K. NAIR, S/O. K. S. K. PILLAI, AGED 57 YEARS, PIN – 682304. KOTTAYAM PORT AND CONTAINER TERMINAL SERVICES LTD, NATTAKAM, KOTTAYAM, KERALA, REP.BY ITS CHEIF EXECUTIVE OFFICER, VARGHESE CHERIAN, PIN – 686013. BY ADVS. BALAN M T B.JAYABAL(K/150/2010) THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRP NO. 371 OF 2023 2 T.R. RAVI, J. -------------------------------------------- CRP No.371 of 2023 -------------------------------------------- Dated this the 05th day of February, 2024 ORDER The civil revision petition arises from the order dated
04.02.2023 passed by the Principal Munsiff Court, Ernakulam in I.A.No.1/2020 in O.S No.1286/2017. The application was filed by the 2nd defendant for raising an issue on the maintainability and requesting for a hearing on the same as a preliminary issue. The court has allowed the application but, posted the case for trial. The grievance of the petitioner is that after having allowed the application it was only appropriate that the preliminary issue is framed and the court hears on the said issue before posting the case for trial.
Heard the counsel for the petitioner and the counsel for the respondents.
I find justification in the contention raised by the petitioner. Since it is a question of maintainability, it is only appropriate that the issue is framed and heard initially before CRP NO. 371 OF 2023 3 the parties are sent for trial. In the above circumstances, the civil revision petition is allowed directing the court below to consider the issue regarding maintainability as a preliminary issue and decide the same before proceeding with the trial. The listing for trial shall be adjourned accordingly. Sd/- T.R.RAVI JUDGE
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.