Elsie vs We One Kuries And Loans(P) Ltd on 6 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 511 of 2009(J)


1. ELSIE, W/O.VARGHESE
                      ...  Petitioner
2. JOSEPH, S/O.THYKKADAN THOMAS,
3. SEENA, W/O.THYKKADAN JOSEPH, DO.DO.

                        Vs



1. WE ONE KURIES AND LOANS(P) LTD.,
                       ...       Respondent

                For Petitioner  :SRI.SAJU.S.A

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :06/01/2009

 O R D E R
               K.P. Balachandran, J.
            --------------------------
              W.P.(C)No.511 of 2009 J
            --------------------------

                     JUDGMENT

Petitioners are the defendants in O.S.No.836/06

on the file of the Munsiff’s Court, Thrissur and

the respondent is the plaintiff therein. The suit

is one for realisation of the amount due under a

kuri security bond. The case stood posted for

trial on 3.1.2009. The grievance of the petitioner

is that various documents were produced by the

respondent/plaintiff on 2.1.2009 and the court

below has accepted those documents in evidence,

but, when the counsel for the petitioners/

defendants asked for a short adjournment to go

through those documents for examining PW1, the

court below disallowed the request and therefore,

the counsel started cross-examining PW1 and then he

was not allowed to put relevant questions.

According to him, the case now stands adjourned to

5.1.2009, as the petitioners/defendants filed a

petition before the trial court stating that they

WPC 511/09 2

believe that they will not get justice from the

court and they intend to move a petition for

transfer. I do not find much merit in the

submissions so made. All the same, the court below

should have granted breathing time to the counsel

for the petitioners/defendants to look up the

documents produced by the respondent/plaintiff, if

those were produced only on 2.1.2009.

In the result, without notice to the

respondent/plaintiff, I dispose of this writ

petition directing the court below to grant three

days time from today to the petitioners/defendants

to verify the documents produced by the respondent/

plaintiff and to cross-examine PW1. Petitioners are

directed to produce a copy of this judgment in the

court below forthwith. Issue copy of this judgment

to the counsel for the petitioners urgently.

6th January, 2009 (K.P.Balachandran, Judge)
tkv