IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 CRP.No. 41 of 2007() -------------------- AS.28/2002 of ADDL.DISTRICT COURT (ADHOC)-III, THALASSERY OS.237/1999 of MUNSIFF COURT, THALASSERY .................... REVN. PETITIONER: APPELLANT/PLAINTIFF -------------------------------------- THE CANNANORE DRUG OFFICE, (WHOLESALE PHARMACEUTICAL DEALER), 12/878, LOGANS ROAD, TELLICHERRY, REPRESENTED BY ITS MANAGING PARTNER, RENJITH SAHADEVAN, S/O. SAHADEVAN, AGED 53 YEARS, ARCHANA, THAVAKKARA, KANNUR-2. BY ADV. SRI.V.RAJAGOPAL RESPONDENTS: RESPONDENT/DEFENDANT ---------------------------------- MOHANAN MASTER, FATHER'S NAME AND AGE NOT KNOWN, M/S. KRISHNA MEDICALS, KAKKATTIL, CHEEKUNNUMMAL, KOZHIKODE DISTRICT-673 507. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.41of 2007 ------------------------------------------- Dated this the 3rd day of March, 2008 ORDER This revision petition is preferred against the order of the Additional District Judge, Thalassery in A.S.No.28/02. This is preferred against the judgment and decree of the Munsiff Court, Thalassery in O.S.No.237/99 filed by the plaintiff for realisation of the amount from one Mr.Mohanan Master, M/s.Krishna Medicals. 2. The contention of the plaintiff is that they had supplied medicines to Krishna Medicals and in part payment a cheque has been issued which when presented has been dishonoured and therefore, the suit is filed for realisation of the amount. The defendant entered appearance and contended that he has not purchased any medicines as stated in the plaint nor had he issued any cheque. It is specifically contended that he has no business dealings with plaintiff. 3. In the court below Exts. A1 to A5 were marked. PWs 1 and DW1 were examined. On analysis of the evidence, the court CRP 41/2007 2 below found that the plaintiff has failed to prove the connection of the defendant with M/s.Krishna Medicals legally and therefore, the plaintiff has failed to prove the case and hence dismissed the suit. In appeal on reappreciation of the entire materials, the appellate court has also came to the same conclusion. The learned counsel for the revision petition strongly contends that the materials are available to show that the medicines had been supplied to Krishna Medicals. It is true but the principal contention in the case is whether Sri.Mohanan Master has anything to do with Krishna Medicals and therefore whether he is liable to pay the amount. He categorically asserted that he has no business contact with the plaintiff. It is also seen that a cheque for part payment was made by one Ajitha, wife of the defendant. Just for the reason that she happened to be the wife of the defendant one cannot fix personal liability on the defendant when it is not proved that he has anything to do with Krishna Medicals. The courts below have concurrently appreciated the facts and arrived at a decision. In case of second appeal it has been held by the Apex court that the third court shall not try CRP 41/2007 3 to reappreciate the evidence and substitute the finding of facts even if the finding of facts rendered by the courts below are erroneous. Therefore, that jurisdiction cannot be exercised. Further, in this case it cannot be held that the finding of the court below is perverse, illegal or improper. The plaintiff did not move its little finger to implead Ajitha or the father of Ajitha, whom according to them had given orders. Therefore, the revision petition lacks merits and it is dismissed. M.N.KRISHNAN, JUDGE csl