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O.S. No. 440 /2019

Case between Alphonsa John vs Asha Latha regarding abatement of suit due to death of plaintiff

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-10-28
Duration
approximately-3 years 11 days
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
The court found that due to the death of the sole plaintiff, the suit is abated as no application to implead is pending.
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 10/17/2019 - 12:00
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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