Case Summary
The case involves Bindu Suresh as the plaintiff and Dr. Wesly K Abraham as the defendant, where Bindu seeks to amend the written statement regarding certain calculation errors in the counterclaim. The defendant opposes this amendment, claiming it alters the core structure of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner/defendant is permitted to amend the written statement as prayed for.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for amendment of the written statement filed by the defendant, permitting corrections related to calculation errors. Both parties are directed to bear their respective costs.
Why Plaintiff Won:
The amendment sought is evidently a clerical mistake which can be cured.
The amendment sought is evidently a clerical mistake which can be cured.
Losing Side's Weaknesses:
The amendment sought is evidently a clerical mistake which can be cured.
The amendment sought is evidently a clerical mistake which can be cured.
Supporting Evidence
It is settled proposition of law that unless and until an admission is taken away by the amendment all the amendments to the written statement should be allowed liberally.
Judgment Evidence:
In the result, Petition is allowed as follows: 1) Petitioner/defendant is permitted to amend the written statement as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindu Suresh
- Relation
- W/o Late Suresh
- Party Role
- Defendant
- Party Name
- Dr. Wesly K Abraham
- Relation
- S/o V K Abraham
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaijan C George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vinai John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Sanjay
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A Parvathi Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neethu M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohammed Aslam P A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner/defendant is permitted to amend the written statement as prayed for.
Evidence:
In light of the above discussion I am satisfied that to resolve the real controversy between the parties, the amendment sought for should be allowed.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner/defendant is directed to produce amended written statement.
Evidence:
Petitioner/defendant is directed to produce amended written statement.
Relief Type:
Other
Outcome:
Granted
Description:
Parties are directed to bear their respective costs.
Evidence:
Considering the facts and circumstance of the case, parties are directed to bear their respective costs.
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
O.S.NO.
Case Code Year
2018