- (1.) Leave granted.
(2.) Interpretation of the provisions of Order XXXIII Rule 10 and Order XXXIII Rule 11 of the Code Of Civil Procedure, 1908 as amended in the State of Kerala is in question in this appeal which arises out of a judgment and order dated 11.7.20003 passed by the High Court of Kerala at Ernakulam in CMP No. 1323 of 2003 in A.S. No. 156 of 1994. Appellant herein filed a suit for damages against the State of Kerala inter alia on the premise that he had lost an eye having been a victim of violence of political vendetta as he had suffered facial injury as a result of throwing of an acid bulb on his face. The said suit was filed in terms of Order XXXIII of the Code Of Civil Procedure, 1908 as he claimed himself to be an indigent person. The persons accused of throwing acid bulb on the face of the appellant, however, stood acquitted by a judgment dated 18.2.1981.
(3.) He filed a suit for damages in the year 1988. The State denied and disputed its vicarious liability for payment of any damages suffered by the appellant. The suit was dismissed by the learned subordinate Judge Cherthala by a judgment and decree dated 30.7.1991 inter alia holding :- (i) The suit was barred by limitation. (ii) Appellant had not established that the Police was duty bound to give protection to him.;