High Court Kerala High Court

Koodathumkandy Valsala vs Koddathumkandy Gangadevi on 19 January, 2007

Kerala High Court
Koodathumkandy Valsala vs Koddathumkandy Gangadevi on 19 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 2788 of 2001()



1. KOODATHUMKANDY VALSALA
                      ...  Petitioner

                        Vs

1. KODDATHUMKANDY GANGADEVI
                       ...       Respondent

                For Petitioner  :SRI.K.I.MAYANKUTTY MATHER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :19/01/2007

 O R D E R
                          M.SASIDHARAN NAMBIAR,J.

                            C.R.P.NO. 2788/01 &

                           C.R.P.NO.2784 OF 2001

                        -------------------------

             DATED THIS THE 19th DAY OF JANUARY, 2007


                                        ORDER

Petitioner is plaintiff and respondents defendants in O.S.14/97

on the file of Munsiff Court, Quilandy. O.S.14/97 was filed by now

deceased Radha through her sister as next friend to set aside the

exchange deed 2939/96 of SRO Chemancheri and for partition of plaint

schedule property. When the suit was pending, Radha died. The next

friend, her sister was impleaded as supplemental plaintiff and the suit

was continued. When evidence was partly recorded, petitioner filed

I.A.530/01 and 531/01, applications to examine the doctor contending

that the doctor had treated deceased Radha for mental illness. Under

common order dated, 25.6.01, learned Sub Judge dismissed the

application. These revisions are filed challenging the said common

order. Subsequent to the filing of revisions, suit was dismissed for

default and was finally restored to file as per order in I.A.765/01 on

5.6.04.

2. Learned Counsel appearing for petitioner and respondents

were heard.

3. Arguments of learned Counsel appearing for petitioner was

C.R.P.2788/01 & 2784/01 2

that evidence of the doctor is relevant and necessary to prove the

plaint claim and therefore learned Sub Judge should have permitted

petitioner to examine the doctor.

4. Learned Counsel appearing for respondent argued that

when PW1 was examined, she was cross examined with regard to

the treatment allegedly given to Radha and she has no case that the

doctor sought to be examined treated Radha and in such

circumstances there is no necessity to examine the doctor and

learned Sub Judge rightly dismissed the application.

5. On hearing learned Counsel appearing for petitioner and

respondent, I do not find any reason to shut out the evidence and

deny permission to petitioner to adduce necessary and relevant

evidence in support of the case. Question whether the doctor, who is

sought to be summoned and examined, had treated Radha is to be

decided by learned Sub Judge on the evidence. Anticipating the

evidence, it is not proper to deny opportunity to petitioner to

examine the witness. In such circumstances, revisions are allowed.

The common order is set aside. I.A.530/01 and 531/01 stand

allowed and petitioner is permitted to examine the witness as sought

for.

Learned Sub Judge is directed to complete the examination of

C.R.P.2788/01 & 2784/01 3

witnesses and dispose the suit as expeditiously as possible and in

any event within two months from the date of receipt of copy of this

order.

M.SASIDHARAN NAMBIAR,JUDGE

Acd