Case Summary
Alphonsa John filed a suit against Asha Latha. The case concerns the abatement of the suit due to the death of the sole plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that due to the death of the sole plaintiff, the suit is abated as no application to implead is pending.
Key Reasoning:
The suit was abated due to the death of the sole plaintiff.
The suit was abated due to the death of the sole plaintiff.
Why Defendant Won:
The suit was abated due to the death of the sole plaintiff.
The suit was abated due to the death of the sole plaintiff.
Supporting Evidence
The sole plaintiff is reported to be died on 21.10.2021. The limitation period for filing impleading petition as per Order 22 and limitation Act has expired.
Judgment Evidence:
Hence this court is satisfied that due to death of sole plaintiff and no application to implead pending, the suit is abated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alphonsa John
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Asha Latha
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saira Phiroz
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Jacob
- Appearance Type
- Main Counsel
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Alphonsa John vs Asha Latha regarding abatement of suit due to death of plaintiff
Case Code Year
Case between Alphonsa John vs Asha Latha regarding abatement of suit due to death of plaintiff