Case Summary
Joseph Xavier @ Josey is the plaintiff seeking to cancel part of a document and partition property. The defendants, including Antony and others, contested the valuation of the reliefs sought.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that relief (a) was properly valued according to the relevant statutory provisions.
The court found that relief (a) was properly valued according to the relevant statutory provisions.
Judgment Evidence:
In the result, the relief (b) in the plaint has to be valued and court fee paid under section 37(1) of Act. The plaintiff is hereby directed to amend the plaint within 14 days and pay the court fee accordingly.
Parties Involved
Plaintiffs
Joseph Xavier @ Josey (50 years)
Manayil House, Azad Road, Kaloor, Kochi-17
Defendants
Antony (42 years)
Anjipaarambil (H), Kaloor.P.O. Elamkulam Village, Kanayannoor Taluk, Ernakulam, Pin-682017
Roy (40 years)
Anjiparambil (H), Kaloor.P.O. Elamkulam Village, Kanayannoor Taluk, Ernakulam, Pin-682017
Francis (55 years)
Anjiparambil (H), Kaloor.P.O. Elamkulam Village, Kanayannoor Taluk, Ernakulam, Pin-682017
Thomas.A.J. (53 years)
Anjiparambil (H), Moolampilly.P.O., Paravoor
Sheela Sabi (46 years)
Poovankeri (H), Kuruppanchira Road, Pottakuzhy, Kaloor, Kochi-17
Reliefs
Relief Type:
Cancellation
Outcome:
Granted
Description:
Cancellation of part of Document No. 1357 of 2025
Evidence:
Thus the object of the second and the third paras in sub-section (1) of S.40 is not to introduce any fiction but to provide for two situations.
Relief Type:
Other
Outcome:
Not Decided
Description:
Amend the plaint and pay the correct court fee for relief (b).
Evidence:
The plaintiff is hereby directed to amend the plaint within 14 days and pay the court fee accordingly.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Produced along with the plaint to support the claim for cancellation.
Reference:
Document No. 1357 of 2025