High Court Kerala High Court

M/S.Pioneer Shopping Complex (P) … vs The Pioneer Towers Owners … on 21 May, 2008

Kerala High Court
M/S.Pioneer Shopping Complex (P) … vs The Pioneer Towers Owners … on 21 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14588 of 2008(J)


1. M/S.PIONEER SHOPPING COMPLEX (P) LTD.,
                      ...  Petitioner

                        Vs



1. THE PIONEER TOWERS OWNERS ASSOCIATION,
                       ...       Respondent

                For Petitioner  :SRI.P.RADHAKRISHNAN (1)

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :21/05/2008

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                     ...........................................
                   WP(C).No. 14588                OF 2008
                    ............................................
          DATED THIS THE             21st       DAY OF MAY, 2008

                                JUDGMENT

This petition is filed under Article 227 of Constitution of

India to quash Ext.P2 order passed by Additional Sub Judge,

Ernakulam in I.A.2663 of 2008 in O.S. 174 of 1999. Ext.P1 is that

application. It was filed under Order I Rule 10 and Section 151

of Code of Civil Procedure to substitute the original plaintiff.

Original plaintiff was Pioneer Towers Owners Association. Suit

was instituted by the Association represented by its President,

Vice-President, Secretary and Joint Secretary. That association

was registered under Travancore Cochin Literary, Scientific and

Charitable Societies Registration Act 1955, with registration

No.ER 1365 of 1998. Affidavit filed along with I.A.2663 of 2008

shows that it was claimed by the Secretary of Pioneer Towers

Owners Welfare Association, who claims to substitute as

plaintiff, that their association was registered with registration

No. FR/531/05 and that association was formed in substitution of

the original plaintiff association. Case of the petitioner is that

the trial court did not consider the right of Pioneer Towers

Owners Welfare Association to substitute as plaintiffs.

WP(C)14588/2008 2

2. Ext.P2 order reads as follows:-

“Perused records. The suit is

posted for recording evidence

during vacation. I.A allowed”.

3. Ext.P1 shows that the petition was prepared only on

5.4.2008. In such circumstances, it is clear that Ext.P2 order

was passed without considering the objections that would have

been available to the petitioner to be raised. In such

circumstances, Ext.P2 order is quashed.

4. Learned Sub Judge is directed to hear the parties and

pass appropriate orders in accordance with law. It is submitted

that petitioner has already filed objection before the trial court.

It is made clear that the right of respondents to get themselves

substituted is not considered on merits in this petition.

Petition disposed accordingly.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-