RESHMI DEVI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) In this appeal filed under order XLIII Rule 1 (a) C.P.C. the appellant who was the petitioner/plaintiff in O.P. (Indigent) No. 5 of 2010 on the file of the Subordinate Judge's Court, Mavelikkara challenges the order dated 23-01-2012 returning the said O.P. under Order VII Rule 10 C.P.C. for presentation before the proper Court having jurisdiction. The proposed suit is against the University of Kerala represented by its Registrar, Palayam, Thiruvananthapuram seeking damages to the tune of Rs. 10,00,000/- (Rupees ten lakhs only) for the alleged negligence by way of irretrievable loss of the answer book of the appellant with regard to the paper in Management Science for the first year (previous) M.Com examination for which the appellant appeared from the S.D. College, Alappuzha during September- October, 2005.

(2.) According to the appellant she approached the Taluk Legal Services Committee, Mavelikkara, for legal aid and the said Committee appointed an advocate for conducting her case and that is how the case happened to be instituted before the Court below.

(3.) The learned counsel for the appellant submitted that the defendant University has got a centre at Kattanam located within the territorial limits of the court below and the said centre also collects examination fees etc. and, therefore, the defendant university can be said to be carrying on its business within the limits of the Mavelikkara Court. He also relied on the decision of the Supreme Court in Union of India and Another v. Ladulal Jain, 1963 AIR(SC) 1681