Case Summary
The petitioner, Abdhulkalam, is seeking a permanent prohibitory injunction against the respondents, Pallickal Grama panachayath and its Secretary, to prevent eviction from his shop room. The respondents argue the petition is barred by limitation and have filed an objection to the petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to accept the witness schedule and issue summons to the Panchayath Secretary was dismissed. Both parties were ordered to bear their own costs.
Key Reasoning:
The court held that a party cannot compel an opposite party to produce documents or to appear as a witness for their own case.
The court held that a party cannot compel an opposite party to produce documents or to appear as a witness for their own case.
Why Defendant Won:
The court held that a party cannot compel an opposite party to produce documents or to appear as a witness for their own case.
The court held that a party cannot compel an opposite party to produce documents or to appear as a witness for their own case.
Supporting Evidence
The court is of the view that a party to a suit can't compel his opposite party to appear and adduce evidence as a witness for his/her own behalf.
Judgment Evidence:
In the result, petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdhulkalam
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pallickal Grama panachayath
- Party Role
- Defendant
- Party Name
- Secretary, Pallickal, Grama panchayath
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajaprathap. S.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Ramees Beevi. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petitioner requested to accept the witness schedule and issue summons to the Panchayath Secretary of Pallikkal Grama Panchayath.
Evidence:
Here the court is of the view that a party to a suit can't compel his opposite party to appear and adduce evidence as a witness for his/her own behalf.
Relief Type:
Costs
Outcome:
Not Decided
Description:
Costs to be awarded between the parties.
Evidence:
Considering the facts and circumstances of the petition, both parties are directed to suffer their respective costs.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Eviction from property
Case Code
Case between Abdhulkalam vs Pallickal Grama panachayath et al regarding permanent prohibitory injunction
Case Code Year
Case between Abdhulkalam vs Pallickal Grama panachayath et al regarding permanent prohibitory injunction