REV. FR. PUNNEN THOMAS Vs. MORAN MAR BASSALIOS
HIGH COURT OF KERALA
Rev. Fr. Punnen Thomas
Moran Mar Bassalios
Click here to view full judgement.
(1.)The Civil Revision Petition is against an order refusing to admit some documents in evidence by the Subordinate Judge, Kottayam, and the Civil Miscellaneous Petition is for transfer of the suit from his file to the file of any other competent court. Since the matters arise out of the same suit they are disposed of together.
(2.)Several grounds are alleged in the affidavit in support of the petition for transfer and I shall refer to them. The first ground is that the learned Subordinate Judge already expressed his opinion against the plaintiff-petitioners in C. M. A. Nos. 1, 2 and 3 of 1962, which were already disposed of by him. It is also alleged that during the course of the trial of the suit the learned Judge expressed the same opinion.
(3.)The second ground is this. In the course of the cross examination of dw. 2 he spoke about two instances of electing a successor to the Malankara Metropolitan during the life-time of the then incumbent. In his re-examination a question was put whether there were other instances also and this question was objected to by the counsel of the plaintiff-petitioners. The objection was overruled on the ground that the point covered was "a matter of history and there is nothing in the witness being able to remember more than those he has already mentioned." After the re-examination closed, the plaintiffs' counsel asked for an opportunity to cross examine the witness on this new material brought in re-examination. The learned Judge directed the counsel to file a petition asking for such permission, which was also done. Ultimately, that petition was dismissed.
Copyright © Regent Computronics Pvt.Ltd.