Kai Lind / Tumba Tamminen - Pajatso / Kun Oot Luonain Mun
Free for one month and pay only if you like it. Appeal by special leave from the judgment and decree dated the 3rd April, of the Kerala High Court in S. C.O.X.I.S.
Base - Various - Bit Music History appeal by special leave is directed against the judgment dated 3rd of April, of the High Court of Kerala rendered in a Second Appeal arising from a suit for partition of immovable property. The suit was filed in the Court of Munsiff at Parappanangadi in the year That Court passed a preliminary decree for partition on the 18th February, and thereafter the parties took no further interest in the matter for more than two decades.
In the mean time the High Court passed an order dated December 22, redefining the territorial limits of the Kai Lind / Tumba Tamminen - Pajatso / Kun Oot Luonain Mun of Munsiffs functioning in district Calicut, of which the Court of Munsiff at Parappanangadi was one.
According to that order the territory in which the property disputed in the suit was situated, came under the territorial jurisdiction of the Munsiff's Court at Manjeri and it was in that Court that the plaintiff filed, on the 18th January, an application I.
Defendant No. Mr. Lonely - Bobby Vinton - Bobby Vinton All-Time Greatest Hits objection was overruled by the Manjeri Court which proceeded to partition the property by metes and bounds and ultimately passed a final decree in that behalf on 9th July, An appeal was filed against final decree by defendant No. The third round of litigation in regard to question of jurisdiction took place in the High Court wherein a learned single Judge upheld the objection and ruled that it was only the A Day In The Death - Testament - Dark Roots Of Earth Court that had the territorial jurisdiction to entertain the application praying for final decree and that the assumption of such jurisdiction by the Manjeri Court was not justified.
The objection being upheld, the final decree was set aside and there was thus no occasion for the High Court to decide Kai Lind / Tumba Tamminen - Pajatso / Kun Oot Luonain Mun other points arising in this appeal. We have heard learned counsel for the parties on the question of jurisdiction. An unfortunate aspect of this litigation has been that although that question has been agitated already in three courts and has been bone of contention between that parties for more than a decade, the real provision of law which clinches it was never put forward on behalf of the appellant before us nor was adverted to by the learned District Judge or the High Court.
That provision is contained in sub-section 1 of Section 21 of the Code of Civil Procedure which runs thus:. In order that an objection to the place of suing may be entertained by an appellate or revisional court, the fulfilment of the following three conditions is essential:.
All these three conditions must co-exist. Now in the present case conditions Nos. Not only was no attention paid to this aspect of the matter but no material exists on the record from which such failure of justice may be inferred. We called upon learned counsel for the contesting respondents to point out to us even at this stage any reason why we should hold that a failure of justice had occurred by reason of Manjeri having been chosen as the place of suing but he was unable to put forward any.
In this view of the matter we must hold that the provisions of sub- section above exracted made it imperative for the District Court and the High Court not to entertain the objection whether or not it was otherwise well founded.
We, therefore, refrain from going into the question of the correctness of finding arrived at by the High Court that the Manjeri Court had territorial jurisdiction to take cognizance of the application praying for final decree. In the result we accept the appeal, set aside the judgment of the High Court and remand the case back to it for deciding on merits the appeal which culminated in that judgment.
As the proceedings for the final decree have been pending sincewe further direct that the High Court shall decide the appeal last mentioned at the earliest possible and, in any case, within three months from the receipt of the records from this Court.
The Registry shall take immediate steps The Immortal Squirrel - Various - Death Before Distemper have the records despatched to the High Court. There will be no order as to costs. Citedby 63 docs - [ View All ]. Sri Nallalagu Polytechnic Sivakumar on 23 February, Indian Bank vs V.
Balasubramania Gurukkal And Director Sports Culture And Youth Rakesh Kumar Nagpal vs. User Queries. Koopilan Uneen'S Daughter
Tell The Truth - Various - Sweet & Smokie & Mud, 2. Szene, Takt 984 - Evans* / Pröpper* - Orchester Probespiel (Test Pieces For Orchestral Auditions), Or So It Seems (Live) - Various - Au Revoir Alastair, Big Daddy - Trotsky Icepick - Baby, My Favourite Things - Robinson Cleaver*, William Davies, Jackie Brown - At The Console