- Bookmark
- Share
- CaseIQ
UMMER HAJI v. SUHRA VALLANCHIRA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 28TH DAY OF JANUARY 2026 / 8TH MAGHA, 1947
OP(C) NO. 3167 OF 2025
AGAINST OS NO.43 OF 2020 OF ASSISTANT SESSIONS COURT/SUB COURT /
COMMERCIAL COURT, MANJERI
PETITIONER(S)/PLAINTIFF:
UMMER HAJI
AGED 75 YEARS
S/O HASSAN ALI, THAZHE PARAMBAN HOUSE, SHAKEEB MANZIL, MORAYUR AMSOM MONGAM DESOM, KONDOTTY TALUK, MALAPPURAM DISTRICT, PIN -
680542
BY ADVS.
SHRI.SIDHARTH O.
SHRI.SUSANTH SHAJI
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENT(S)/DEFENDANTS:
1 SUHRA VALLANCHIRA
W/O ABDUL AZEEZ PALAKKAN, MUTHIRIMMAL HOUSE, THRIKKALANGODE AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676123
2 ABDUL AZEEZ PALAKKAN
S/O MUTHIRIMMAL BAPPU @ MOHAMMED,MUTHIRIMMAL HOUSE, THRIKKALANGODE AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676123
BY ADVS.
SHRI.ESM.KABEER
SMT.C.SHEEBA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
1
JUDGMENT
The original petition has been filed by the plaintiff, being aggrieved by the procedure followed by the court below in closing the plaintiff's evidence for the sole reason that witnesses 1 and 2, who were issued with non-bailable warrants, did not turn up to give evidence.
2. The counsel for the petitioner submits that, in such circumstances, the court ought to have followed the procedure laid down in Section 32 of the Code of Civil Procedure before closing the evidence on the side of the plaintiff. Section 32 of the Code of Civil Procedure, 1908 (CPC), deals with the penalty for default if a person who has been duly summoned does not appear. The counsel also relies on the judgment of the High Court of Rajasthan in Smt. Uchhabkanwar & Anr. vs Legal Representatives of Ramswaroop & Ors, (1995 KHC 2414), wherein the court was considering a similar circumstance in which the persons who were issued with non- bailable warrants did not turn up.
3. I have considered the arguments, and I am convinced that the court below ought not to have closed the
2
evidence of the petitioner merely for the reason that the persons summoned by the court did not turn up.
4. In the above circumstances, the original petition is allowed. There will be a direction to the court below to proceed further with steps under Section 32 of the CPC for ensuring attendance of the witnesses. For the above purpose, the court below shall consider Exts. P3, P6, and P7 applications submitted by the petitioner and pass orders on the same at the earliest, at any rate within a period of six weeks from the date of receipt of a copy of this judgment.
SD/-
sab T.R.RAVI
JUDGE
3
Alert