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
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.
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.
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