ARAVINDAKSHAN Vs. SUKUMARAN

JUDGEMENT

(1.) Heard Mr. B. N. Shiv Shankar and Mr. O. Bala Narayanan for the respective petitioners, Smt. V. P. Seemandini and Mr. M. S. Unnikrishnan for 1st respondent in O. P. 19891/1998 and the Government Pleader for the respondents in O. P. 19892/1998. In view of the great public importance of the matter, we requested Mr. T. P. Kelu Nambiar, Sr. Advocate to assist the Court on the legal issue raised in these writ petitions. Accordingly, he was also heard.

(2.) O. P. 19891/1998 was filed by one P. P. Aravindakshan and one O. Bala Narayanan, Advocate, who are the plaintiffs in a suit (unnumbered) for recovery of a liquidated demand in money, amounting to Rs. 20,000/-, with future interest arising from a written contract against one K. Sukumaran as the defendant. The suit was filed invoking the summary procedure under O.37 of the Code of Civil Procedure, which provisions were introduced so far as the State of Kerala is concerned by the substitution of O.37 by the Code of Civil Procedure Amendment Act, 1976, which came into effect on 1.2.1977. The suit was filed in the Court of the Principal Munsiff, Ernakulam. The office of the Principal Munsiff refused to number the plaint and returned the same for curing certain defects. The defects pointed out are:

(3.) According to the petitioners, the plaint has complied with all the relevant provisions of O.37 R.1 and 2 and summons as prescribed in R.3 have also been filed. When the matter was posted before the Munsiff, it was argued by the counsel. However, the learned Munsiff rejected the plaint by passing Ext. P1 order dated August 24, 1998. The order reads thus: