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
The court directed the plaintiff to amend the plaint and pay the appropriate court fee for the second relief as it was undervalued. The first relief was deemed properly valued.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting 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...
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
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Xavier @ Josey
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Roy
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Francis
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas.A.J.
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheela Sabi
- Party Age
- 46
- Relation
- D/o
Plaintiffs Documents
Document No. 1357 of 2025 of Ernakulam Sub Registry
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindu M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.P. Ramanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Rajesh Kottakkal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sandhya S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Varghese M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bepin Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shalu Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kuriakose Peter T.
- Appearance Type
- Assisting Counsel
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
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 Joseph Xavier @ Josey vs Antony et al regarding cancellation of a document and partition of property.
Case Code Year
Case between Joseph Xavier @ Josey vs Antony et al regarding cancellation of a document and partition of property.