Case Summary
Chacko C.T, the plaintiff, seeks to implead the legal heirs of the deceased second plaintiff, T.M. Baby, in a suit for a prohibitory injunction against George C.U, preventing soil excavation from the property. The court considered whether the heirs should be added as plaintiffs.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition to implead the legal heirs of the deceased second plaintiff as additional plaintiffs, ruling that the existing plaintiff cannot unilaterally decide to include specific heirs.
Key Reasoning:
The existing plaintiff does not have the right to implead the legal heirs of the deceased plaintiff as additional plaintiffs; it is their choice to join the suit.
The existing plaintiff does not have the right to implead the legal heirs of the deceased plaintiff as additional plaintiffs; it is their choice to join the suit.
Why Defendant Won:
The existing plaintiff does not have the right to implead the legal heirs of the deceased plaintiff as additional plaintiffs; it is their choice to join the suit.
The existing plaintiff does not have the right to implead the legal heirs of the deceased plaintiff as additional plaintiffs; it is their choice to join the suit.
Supporting Evidence
It is not up to the 1st plaintiff to implead the legal heirs of the 2nd plaintiff who is no more as it is for the legal heirs themselves to choose to either continue.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chacko C.T
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George C.U
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dinesh Mathew J Murikkan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sangeethraj N.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gayathri Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreelakshmi R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Naveen Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan K.B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Petition to implead the legal heirs of the deceased plaintiff as additional plaintiffs.
Evidence:
Hence, the point is found against the petitioner.
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 Chacko C.T vs George C.U regarding impleadment of legal heirs
Case Code Year
Case between Chacko C.T vs George C.U regarding impleadment of legal heirs