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2012 DIGILAW 315 (KER)

Basil Attipetty v. State of Kerala

2012-03-15

K.HARILAL, V.RAMKUMAR

body2012
JUDGMENT : V. Ramkumar, J. The appellant who is appearing as a party-in-person, challenges the order dated 12.12.2011 passed by the District Judge, Ernakulam, returning the plaint evidently for production before the proper Court. The impugned order merely reads "returned". ON U R. 10(2) envisages a speaking order. The order returning the plaint under Rule 10 Order 7 is appealable under 43, Rule 1(a) Civil Procedure Code That was all the more reason why Court below ought to have passed a speaking order while returning the plaint. The order which reads "returned" is a cryptic and laconic order which cannot stand the scrutiny of a court of appeal. Hence, the impugned order is set aside and the appellant is permitted to re- present the plaint before the court below which shall pass a speaking order. Dated this the 15th day of March, 2012.