SUHOTHRAN Vs. SATHITHA
LAWS(KER)-2017-6-408
HIGH COURT OF KERALA
Decided on June 12,2017

Suhothran Appellant
VERSUS
Sathitha Respondents

JUDGEMENT

ANIL K.NARENDRAN,J. - (1.) The petitioner, who is the plaintiff in O.S.No.189 of 2010 on the file of the Munsiff's Court, Attingal, is before this Court in this original petition seeking an order to set aside Ext.P7 order of the Munsiff's Court, Attingal, dated 6.1.2017 in I.A.No.2086/2015 and for an order directing the said Court to depute one Adv.Renju as the Advocate Commissioner to ascertain the request made in I.A.No.2086/2015.
(2.) By Ext.P7 order, the Munsiff's Court dismissed I.A.No.2086/2015 for default, for non payment of batta. Ext.P7 order reads thus ; "Adv.Sri.Balachandran appointed as Adv. Commissioner has submitted that the plaintiff has not remitted the batta yet, inspite of the specific direction, to pay batta, by the Court on 15/12/2016. Today counsel for the petitioner requests to depute Adv.Renju instead of Adv.Balachandran. I am of the view that the petitioner in IA 2086/15 has not complied with the direction of this Court to pay batta, intentionally to change the Advocate Commissioner. In the above circumstances, the IA is dismissed for default."
(3.) Feeling aggrieved by the said order, the petitioner is before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order to set aside Ext.P7 order and also to direct the Munsiff's Court to appoint Adv.Renju as Commissioner to ascertain the request made in the Commission application in O.S.No.189/2010.;


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