IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15300 of 2008(U) -------------------------- OS.8/2008 of MUNSIFF COURT,KAYAMKULAM .................... PETITIONER: ------------ MUTHU, AGED 32, S/O.MURUKAN, C/O.NAZEER, N N STALL, R.S. ROAD, THRISSUR 680 001. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENTS: ------------- 1. THE DIRECTOR OF STATE LOTTERIES, OFFICE OF THE DIRECTORATE OF STATE LOTTERIES, THIRUVANANTHAPURAM. 2. THE PANJAB NATIONAL BANK, THRISSUR BRANCH, KURUPAM ROAD, THRISSUR. 3. SASIKALA, D/O.DEVAYANI, RESIDING AT KOCHUVEETIL THEKKATHIL, CHERAVALLIMURI, KAYAMKULAM VILLAGE, ALAPUZHA DISTRICT. BY GOVERNMENT PLEADER, SMT.BINDU.R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 15300/08 1 M.SASIDHARAN NAMBIAR, J. ----------------------------------------------- W.P.(C) No.15300 of 2008 ----------------------------------------------- Dated this the 27th day of May, 2008 JUDGMENT Petitioner is the 5th defendant in O.S.No.8 of 2008 which was filed during vacation before the District Court, Alappuzha. Being the vacation court the suit ordinarily should have been filed before Munsiff Court, Kayamkulam. In the suit a petition under Order XXXIX Rule 1 (C.M.P.No.655/07) was filed by third respondent plaintiff. Ext.P7 interim ex-parte order was passed on 28.12.2007. This petition is filed under Article 227 of the Constitution of India for a direction to the Munsiff to consider Ext.P8 objection filed by the petitioner to the injunction application and to dispose the petition as well as the maintainability of the suit. 2. The argument of the learned counsel appearing for the petitioner is that the suit is not maintainable. That is a question which is to be decided by the Munsiff. The argument of the learned counsel appearing for the petitioner is that WPC 15300/08 2 petitioner disputed the pecuniary jurisdiction as well as the bar provided under the statute and the question was not decided by the vacation court while granting an ex-parte order of injunction. 2. The question whether the suit is not maintainable for the reasons stated by the petitioner in Ext.P8 objection and whether third respondent plaintiff is entitled to the order of temporary injunction sought are to be decided by the learned Munsiff. The learned Munsiff is therefore directed to pass final orders in the application filed by the respondent considering Ext.P8 objection filed by the petitioner defendant, including the question of maintainability of the suit. Petition disposed of accordingly. M.SASIDHARAN NAMBIAR, JUDGE csl