IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7041 of 2008(L)
1. O. ACHUTHAN,
... Petitioner
Vs
1. K. RAVIKUMAR,
... Respondent
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/02/2008
O R D E R
M.N.KRISHNAN,J.
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W.P.(C) NO. 7041 OF 2008
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Dated this the 29th day of February 2008
JUDGMENT
This writ petition is preferred with a prayer to give direction
to the Munsiff, Kayamkulam to consider and pass orders in
I.A.162/2007 in O.S.405/2006 before further proceeding with the
trial of the suit. Ext.P2 is the said application. A perusal of Ext.P2
affidavit will reveal that the 9th defendant is raising a question of
pecuniary jurisdiction and his another prayer is to get a properly
translated copy of the plaint. So far as the issue regarding
pecuniary jurisdiction is concerned, it is for the court to consider
whether such an issue arises out of the pleadings in the case and
if it is so, the court has to bestow its attention to that issue for
the reason it will be affect the very jurisdiction to entertain the
case. So I do not want to go into the merits of the case.
Therefore I direct the Court below to consider I.A.162/2007 in
O.S.405/2006, as expeditiously as possible, and pass orders
before attempting to proceed with the trial of the suit.
The writ petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
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