M/S. LOTUS PROPERTIES, MANGAYIL LANE, PETTAH, REP. BY MANAGING PARTNER, M.D. JAYANTHAN NAMBOOTHIRIPAD, AGED 54 YEARS, S/O. LATE DAMODARAN NAMBOOTHIRIPAD, D1, SRI. HARI APARTMENTS, IN FORT, TRIPUNITHURA Vs. RAJEEV RAM VARMA, S/O. LATE SREEJAYADEVI, SREEDEVI NIVAS, LAYAM ROAD, TRIPUNITHURA

JUDGEMENT

(1.) True it is that the court of the Munsiff of Ernakulam had the pecuniary jurisdiction to entertain O.S. No. 676/2012 on 10.8.2012 as the suit was one for mandatory and prohibitory injunction. But the plaint was returned to be presented before the proper court after amendment on 4.11.2013 by incorporating the reliefs of return of money and damages. The plaintiff firm secured registration in the meanwhile on 5.9.2012 well before the plaint was re-presented on 4.11.2013 before the court of the Subordinate Judge. It cannot therefore be said that O.S. No. 505/2013 on the file of the court of the Subordinate Judge is hit by Sec. 69 (1) of Indian Partnership Act, 1932.

(2.) The following excerpts are profitable:-

(3.) The impugned judgment is set aside and the suit is remanded to the trial court for fresh disposal in accordance with law with specific direction to answer all the issues framed. The court fee paid on the memorandum of Regular First Appeal shall be refunded to the appellant and the parties shall appear in the court below on 15.12.2016. Every endeavour shall be made by the Court of the Subordinate Judge of Ernakulam to dispose of the suit before the onset of the summer vacation in the year 2017. The Regular First Appeal is allowed. No costs.