LAWS(KER)-2001-2-30

PAPPOO Vs. MARYKUTTY JOSEPH

Decided On February 28, 2001
PAPPOO Appellant
V/S
MARYKUTTY JOSEPH Respondents

JUDGEMENT

(1.) This C.R.P. is filed by the 1st defendant in O. S. No. 382/1994 challenging the common order in I.A. Nos. 3813/2000 and 3841/2000, dated 26th August 2000 passed by the Sub Court, Ernakulam.

(2.) I.A. No. 3813/2000 was filed by the first defendant to dismiss the suit as abated and I.A. No. 3841/2000 was filed by the plaintiff in O. S. No. 392/94 to exempt her from impleading the legal representatives of the 2nd defendant in the suit. By the impugned common order the learned Sub Judge dismissed I.A. No. 3813/2000 filed by the 1st defendant and allowed I.A. No. 3841/2000 filed by the plaintiff.

(3.) The question for consideration in this C.R.P. is whether the lower court exceeded the rights in exercising its jurisdiction under O.22 R.4(4) of the CPC.