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O.S No. 1061/2011

Case between Dominica @ Ammini vs P V Xavier regarding review of order

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-09-23
Duration
approximately-14 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a review petition concerning an order passed in favor of a deceased defendant, P V Xavier. The plaintiff, Dominica @ Ammini, seeks to rectify the situation by allowing the legal heirs of the deceased to implead themselves.

Judgment Outcome

Plaintiff Won
Interim Order
The petition to review the order has been allowed in part, reopening the IA for further hearings. The legal heirs of the deceased defendant have been granted an opportunity to implead themselves to rectify the irregularity.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
The petition to review the order has been allowed in part, reopening the IA for further hearings. The legal heirs of the deceased defendant have been granted an opportunity to implead themselves to rectify the irregularity.
Why Plaintiff Won:
The court found that the order passed against a deceased person was irregular and allowed for corrective measures.
Losing Side's Weaknesses:
The court found that the order passed against a deceased person was irregular and allowed for corrective measures.
Supporting Evidence
The Hon’ble High Court has held that decree passed in favour of a dead person un-like the decree passed against a dead person is only an irregularity and not an illegality.

Judgment Evidence:

Hence, for the reason above stated, The petition is allowed in part. Order in IA 1290 of 2018 dated 22.05.2025 stands reviewed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dominica @ Ammini
Party Age
72
Relation
W/o
Party Role
Defendant
Party Name
P V Xavier
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K C Eldho
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Maleenathen M
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Jijo Thomas
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rathi K A
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Partly Granted
Description:
The petition is allowed in part and the order in IA 1290 of 2018 stands reviewed.
Evidence:
Hence, for the reason above stated, The petition is allowed in part. Order in IA 1290 of 2018 dated 22.05.2025 stands reviewed.

Documents & Evidence

Case Classification

Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dominica @ Ammini vs P V Xavier regarding review of order
Case Code Year
Case between Dominica @ Ammini vs P V Xavier regarding review of order

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 05/01/2011 - 12:00
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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