Case Summary
Shibily is the plaintiff seeking to declare a notice as null and void while also requesting to accept a witness schedule for examining the Panchayath Secretary. The defendants argue that the petition is barred by limitation and that the documents are not available.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition on the grounds that the plaintiff cannot compel a defendant to appear as a witness for their own case. Both parties are directed to bear their own costs.
Key Reasoning:
The petitioner cannot compel the defendants to appear as witnesses for their own evidence.
The petitioner cannot compel the defendants to appear as witnesses for their own evidence.
Why Defendant Won:
The petitioner cannot compel the defendants to appear as witnesses for their own evidence.
The petitioner cannot compel the defendants to appear as witnesses for their own evidence.
Supporting Evidence
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
- Shibily
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pallickal Grama panachayath
- Party Role
- Defendant
- Party Name
- Secretary, Pallickal, Gramapanchayath
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.S. Faizi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Ramees Beevi. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner requested to accept the witness schedule and issue summons to the Panchayath Secretary.
Evidence:
this 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:
Other
Outcome:
Not Decided
Description:
Reliefs and costs were considered.
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
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Barred by limitation
Case Code
Case between Shibily vs Pallickal Grama panachayath et al regarding acceptance of witness schedule.
Case Code Year
Case between Shibily vs Pallickal Grama panachayath et al regarding acceptance of witness schedule.