KURIAN GEORGE Vs. SUSAN JOSEPH

JUDGEMENT

(1.) The revision petitioner is the defendant in O.S.No.273 of 2013 on the files of the Munsiff Court, Punalur and the respondents are the additional plaintiffs 2 to 4 therein. The averment in the suit is that the original plaintiff and the revision petitioner are brothers. The revision petitioner, to defame the plaintiff, described him as the revision petitioner's uterine brother in the written statement filed in the suit (O.S.No.90 of 2011) preferred by their sister. Further, in O.S.No.392 of 2012 filed by the revision petitioner before the Sub Court, Kottarakkara, he alleged that the plaintiff was conceived after the revision petitioner's father became impotent. According to the plaintiff, the false imputation affected his reputation and hence the plaintiff should be paid a compensation of Rs.1,00,000.00.

(2.) Pending the suit, the original plaintiff died on 27/1/2019 and his wife and children were impleaded as additional plaintiffs 2 to 4. Thereafter, the revision petitioner filed I.A.No.5 of 2021 seeking dismissal of the suit on the ground that the right to sue for damages is purely personal and cannot be transmitted to the legal heirs. It was contended that, under the provisions of the Kerala Torts (Miscellaneous Provisions) Act, 1976, there is a prohibition against the continuation of the suit for damages by the legal heirs.

(3.) By the impugned order, the learned Munsiff dismissed the interlocutory application, holding that the issue of maintainability of the suit can be considered as a separate issue along with the issues already framed. Aggrieved, this revision petition is filed.