M.Sudhakaran vs Federation Of National Postal on 7 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33059 of 2007(I)


1. M.SUDHAKARAN S/O.KANNAN
                      ...  Petitioner

                        Vs



1. FEDERATION OF NATIONAL POSTAL
                       ...       Respondent

2. NATIONAL UNION OF BSNL WORKERS

3. KANNUR MUNICIPALITY REPRESENTED BY

                For Petitioner  :SRI.V.RAJAGOPAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :07/11/2007

 O R D E R


                            M.N.Krishnan, J.

              ========================

                      W.P(C).No.33059 of 2007

              ========================


          Dated this the  7th  day of November, 2007.


                                JUDGMENT

This Writ Petition is preferred to direct the Munsiff, Kannur

to give an opportunity to the petitioner to have the work of the

Advocate Commissioner duly completed in O.S.No.246 of 2006

before proceeding with the matter in trial.

2. Grievance of the writ petitioner is that the Commissioner

had given notice of visit on a particular date and on account of

bereavement in the family, the plaintiff could not attend the

Commissioner and thereafter the Commissioner had returned the

warrant and now the suit is listed for trial. The Commissioner’s

report is absolutely essential for a just and proper disposal of the

matter and for resolving the controversy between the parties.

The very fact that the Commission had been issued justifies that

contention of the writ petitioner. It is true that there has been

some laches on the part of the plaintiff and it is always desirable

WP(C) 33059/07 -: 2 :-

that the parties are given full opportunities at the trial stage, so

that unnecessary contentions at later stage can be averted. So,

to meet the ends of substantial justice, I feel that a direction is to

be given to the court below.

3. Therefore, the Writ Petition is disposed of directing the

court court below to direct the Commissioner who had returned

the warrant to proceed with the work and submit a report to the

court within a time frame as fixed by the court and thereafter

shall hear both the parties and dispose of the matter in

accordance with law. Needless to say that the other side also

shall be permitted to file work memo if they want to get the

particulars from the Commissioner. Till the Commissioner’s

report is received, the court below is directed to defer the trial.

Writ Petition is disposed of accordingly.

M.N.Krishnan,

Judge.

ess 7/11