C.BALAKRISHNAN Vs. V.M.JAYALAKSHMI

JUDGEMENT

(1.) Learned counsel for the petitioner relied on the decision of this Court in Vrinda V. Indira Devi (1994 (1) KLT 448) wherein a Single Bench of this Court had held that Section 10 applies in the final trial of the case only. The learned Senior counsel appearing for respondents 5, 6 and 8 supported this view. Though the learned counsel for the contesting respondents in principal did not agree with the above decision, in the light of the above decision Section 10 applies only in the case of final trial only.

(2.) Having regard to this, I am inclined to allow the O.P.(C), setting aside the impugned order and directing the court below to consider Ext.P5 on merits as expeditiously as possible. The question of Section 10 can be considered by the court at the appropriate stage. Accordingly, O.P.(C). stands allowed.