OMEGA CROWN Vs. THOMSON

JUDGEMENT

(1.) THE respondent filed O.S.No.637 of 2008, Principal Sub Court, Thrissur, against the petitioner claiming compensation. The petitioner is a builder. The respondent alleged that while constructing a multi-storied building, the petitioner removed earth from the property to a depth of 40 feet which resulted in the damage to the house of the respondent/plaintiff.

(2.) A commissioner was appointed to assess the damages. An expert Engineer was also appointed. The relevant documents were not produced by the petitioner before the Commissioner and therefore, the Commissioner could not report the relevant details before the Court.

(3.) THE learned counsel for the petitioner submitted that the defendant/builder had entrusted the work to a contractor and he is having direct knowledge about the details sought for in the interrogatories. It is submitted that the plans in respect of the building were produced by the petitioner before the Thrissur Corporation and those plans are not available now. Therefore, it is necessary to implead the contractor as a party to the suit and he must be directed to answer the interrogatories.