IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10675 of 2008(U) --------------------------------- OS.1567/1993 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER: ------------ JACOB CHERIAN, RESIDING AT LOVELY COTTAGE, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN RESPONDENTS: ------------------ 1. K.V. SARADHA VILSON, ST. JOSEPH'S VILLA, PATTOM, THIRUVANANTHAPURAM. 2. SANTHOSH WILSON, RESIDING AT -DO- -DO-. 3. THANKA BABY, RESIDING AT -DO- -DO-. 4. V.V. RAJAN, RESIDING AT SREEVILASOM BUNGLOW, MUZHAKKOL KANNU OF KANJIRAMKULAM DESOM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 5. THOMAS JOSEPH, RESIDING AT GREANSEA LANDS, THIRUVANANTHAPURAM. 6. MARIYAMMA THOMAS, RESIDING AT -DO--DO- 7. KOSHY MATHEW, RESIDING AT THUNDIPARAMBIL VEETTIL, MUTHOOR P.O., KATTOOKARA MURI, THIRUVALLA-7. 8. ALICA KOSHY, RESIDING AT -DO- -DO-. 9. MRS. VICTORIA AISAYYA PAUL, RESIDING AT T.C.2/3312, CHALAKUZHI RAOD, PATTOM, THIRUVANANTHAPURAM. 10. WILSON I PAUL, RESIDING AT L.M.HOSTEL, T.C.2/3312 OF -DO- -DO-. 11. D. GABRIAL VINCENT, RESIDING AT -DO-DO-. 12. SUGANTHI S.G., RESIDING AT -DO--DO-. 13. SUBASHI S.G., RESIDING AT -DO- -DO-. 14. KURIAN V.JACOB, RESIDING AT ST.ANTONY'S THOPE, CHALAKKUZHY LANE, PATTOM, THIRUVANANTHAPURAM. 15. SUSEELA JACOB, RESIDING AT -DO--DO-. 16. MRS. PAKIA RANI, RESIDING AT T.C.2/2484, CHALAKUZHY LANE, PATTOM, THIRUVANANTHAPURAM. 17. GODWIN DAVID SINGH WILFRED, RESIDING AT -DO- -DO-. 18. DARWILL WILFRED, RESIDING AT -DO--DO-. 19. MISS. SANTHI WILFRED, RESIDING AT -DO- -DO-. 20. MISS. HERWIN WILFRED, RESIDING AT -DO- -DO-. 21. MISS. GLADWIN WILFRED, RESIDING AT -DO- -DO-. 22. MISS. SHEEJA LUCY WILFRED, RESIDING AT -DO- -DO-. 23. VIJAYAN, RESIDING AT ST.JOSEPH VILLA, PATTOM, THIRUVANANTHAPURAM. 24. THAMPY, RESIDING AT -DO- -DO-. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 10675 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Addl. Munsiff, Thiruvananthapuram in I.A.4454/03 in I.A.9777/03 in O.S.1567/93. There were two plaintiffs in the suit. The 2nd plaintiff died prior to the proposed commencement of trial. The suit was listed on 20.3.2003. On account of the absence of the plaintiffs the suit happened to be dismissed for default on that day. But really the first plaintiff had died on 7.1.2003 and so on the date of dismissal of the suit the first plaintiff was not alive. It was not brought to the notice of the Court. Since the 2nd plaintiff's legal representatives also did not enter appearance the Court had dismissed it for default. It is to restore that suit an application was filed. There was also a prayer to review the order. The Court below dismissed the review application on the ground that there are no sufficient materials as well as W.P.C 10675 OF 2008 -:2:- on the ground of absence of reasons to condone the delay of 96 days. I feel the Court should have taken a better approach in this case for the reason the Court had committed a mistake by passing a judgment against a person who is dead. So in order to avoid further controversy and complication I hereby direct the petitioners herein to move an application to reopen the suit with all the legal representatives of the plaintiffs' on record and direct the Court below to consider it. Since the dismissal is done when a person is dead necessarily the Court may have to reopen and further consider the matter. The other side shall also be heard before passing final orders in the said application. I make it clear the dismissal of the applications which is under challenge in this writ petition will not be a bar for entertaining that application. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-