Every Endeavour is to be Made to Have the Lis Adjudicated on Merits Rather Than a Disposal on Default – Kerala High Court in

In a significant ruling emphasizing the justice system’s commitment to merit-based adjudication, the High Court of Kerala set aside a previous order dismissing an appeal due to default. The case, titled Muraleedharanunni vs. Sukumaran, was presided over by the Honorable Mr. Justice Sathish Ninan.

The dispute revolved around a suit for the cancellation of a document and prohibitory injunction. Initially, the trial court had dismissed the suit, leading the plaintiff, Muraleedharanunni, to file an appeal. However, when the plaintiff-appellant failed to present arguments, the first appellate court dismissed the appeal.

Justice Ninan observed, “It is trite that every endeavour is to be made to have the lis adjudicated on merits rather than a disposal on default.” This statement underscored the court’s preference for resolving legal disputes based on their substantive merits rather than procedural lapses.

The appellant had sought to withdraw the original suit with the liberty to file a fresh one, a request that was denied. Following this, the appellant filed a restoration and readmission request, which was initially dismissed due to a 48-day delay in filing. The High Court, however, took a lenient view of the delay, noting it wasn’t inordinate and reinstated the appeal for a de novo hearing.

Legal experts view this decision as a reaffirmation of the judiciary’s role in ensuring that justice is served in the spirit of the law and not merely in the letter. By restoring the appeal, the High Court has signaled its commitment to ensuring that cases are heard thoroughly and judiciously.

The case will now return to the Sub Court, Tirur, for a fresh round of hearings, offering the plaintiff a renewed opportunity to argue his case on its substantive merits. This decision has been hailed as a significant moment in the pursuit of equitable justice, emphasizing the importance of fair and comprehensive legal proceedings.

Date of Decision: 12^th December 2023

MURALEEDHARANUNNI VS SUKUMARAN