IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA No. 613 of 2007()
1. VINODKUMAR ,
... Petitioner
2. SUKUMARAN NAIR
Vs
1. BHARGAVIAMMA, AGED 73 YEARS
... Respondent
2. VALSALA, AGED 54 YEARS,
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice V.K.MOHANAN
Dated :18/01/2008
O R D E R
P.R.RAMAN & V.K.MOHANAN, JJ.
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R.F.A.No.613 OF 2007
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Dated this the 18th day of January, 2008
JUDGMENT
Raman, J.
This appeal arises out the judgment in O.S.No.183/2007 on
the file of Principal Sub Court, Kottayam. The suit is one for
specific performance and alternate prayer is for return of the
amount with interest. The court below granted the alternate
prayer. No evidence was recorded. In the judgment it is stated
that no written statement is filed. Both sides agree that written
statement was filed and that the observation that no written
statement was filed itself is wrong. The court did not frame any
issues or the parties lead to adduce any evidence in the matter.
In the facts and circumstances of the case, when the court below
has itself gone wrong in stating that no written statement was
filed clearly shows the non-application of the mind. Further it is
not stated as to why parties were not allowed to adduce the
evidence in the matter. In the circumstances, judgment and
decree is set aside and the matter is remanded back for fresh
consideration. The court below shall dispose of the matter in
RFA.NO.613/07 2
accordance with law and after permitting the parties to adduce
evidence. Party shall appear before the court below on
12/02/2008. The entire court fee shall be refunded.
(P.R.RAMAN, JUDGE)
(V.K.MOHANAN, JUDGE)
sv.