RADHIKA Vs. SREEKUMARAN NAIR

JUDGEMENT

(1.) THE Revision Petitioners/Plaintiffs 2,3 and 4 have filed the present Civil Revision Petition before this Cort aggrieved against the order passed in I.A. No. 1161 of 2002 in O.S. No 13 of 1997 dated 23.6.2003 passed by the learned Sub Judge, Padmanabhapuram.

(2.) THE Civil Revision Petitioners/Plaintiffs 2 to 4 have been brought on record as legal heirs of the deceased first plaintiff Ramesan Nair, who figured as the plaintiff in O.S. No. 13 of 1997 filed for the relief of permanent injunction.

(3.) THE learned counsel for the Petitioners/Plaintiffs 2 to 4 urges before this Court that the Medical Certificate produced by the petitioners ought to have been appreciated by the trial court, properly. But, the same has not been done, which has resulted in serious miscarriage of justice. THE learned counsel for the petitioner takes a plea that the first petitioner, (wife of deceased first plaintiff) has been conducting the case after the demise of her husband and this aspect has not been looked into by the trial court in a real perspective. In any event, the trial court should have provided an opportunity to the petitioners to have their cause being decided on merits.