Kerala High Court

AS/31/1950 of NARAYANAN SANKARA PANICKER Vs NARAYANAN VASUDEVA PILLAI on 1 July 1953

Court of Travancore-Gochin Before Their Lordships The Hon'ble Sh±i. K.>.Govinda Pillai, Judge & The Hon'ble Shri. Joseph Vithayathil, Judge • A.S.31 of 19b0 O.S.241 of 1123, Prl.Munsiff's Court, Shertallai. Appellant - plaintiff:- '\ Narayanan Sankara Panickar residing at

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2. for his evidence. He.had to produce copy of the decree in O.S. 703o£ 1113 of the Shertallai .Munsiff' s Court.He got a copy only after 1/--the suit was decreed on 30111124 though he had applied for the--same on 1421124.We got thit information from the copy obtained-by the party and shown to us at the time of argument.lie was howVever negligent to.some·e_xtent and so we can allow a remand only on r·'Iterms.If he pays Rs.40 to the other side towards thecosts or this,court on or before 10-7-1903,the decree of the lowercourt willQ···stand reversed and the case sent back for fresh trial and disposarl. it.In that event there will be no further order as to the costs ofthis court.The institution fees will in the event of remand be· refunded to the appellant.If the costs ordered are not paid theappeal will stand dismissed with costs.

Sad.K.S.Govinda Pillai,JudgeSd. Joseph Vithayathil,Judge(True copy)·1st July 1953

1st respondent's advocate Shri P.Narayana Pillai nxiris±sftt--L.states that he received on 771953 Rs.40 as costs of the appealfrom Shri K.N.Narayanan Nair, the advocate for the appellant.1?

tL.1?,I.

Sd. Registrar

Compared by:-.

It..

A.S.31 of 19b0Judgment.

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