Case Summary
K C Babu, the plaintiff, is seeking to set aside the abatement of a suit due to the death of the first defendant, Ulahannan, and to implead the deceased's legal heirs as additional defendants. The case involves a claim for damages amounting to Rs.9,73,321/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Abatement of suit is set aside on costs of Rs.2,000/-
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found merit in the plaintiff's request to implead the legal heirs due to the right to sue surviving with the remaining defendant.
The court found merit in the plaintiff's request to implead the legal heirs due to the right to sue surviving with the remaining defendant.
Judgment Evidence:
In the result, 1) Petition is allowed. Abatement of suit is set aside on costs of Rs.2,000/-. Pay costs within 14 days. 2) Implead petitioners as additional 3ʳᵈ to 7th defendants in the suit.
Parties Involved
Plaintiffs
K C Babu (64 years)
Karimattahil (House), Edakkattuvayal (P O), Aarakunnam, Ernakulam District, Pin 682 315
Defendants
Ulahannan (92 years)
Mankulathil (House), Edakkattuvayal (P O), Aarakunnam, Ernakulam District, Pin 682 315
M U Jose (58 years)
Mankulathil (House), Edakkattuvayal (P O), Aarakunnam, Ernakulam District, Pin 682 315
Kathrikutty (85 years)
Mankulathil (House), Edakkattuvayal (P O), Aarakunnam, Ernakulam District, Pin 682 315
Sali John (60 years)
Mankulathil (House), Edakkattuvayal (P O), Aarakunnam, Ernakulam District, Pin 682 315
Jancy John (56 years)
Mankulathil (House), Edakkattuvayal (P O), Aarakunnam, Ernakulam District, Pin 682 315
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition to set aside the abatement of the suit and to implead the legal heirs as additional defendants.
Evidence:
Petition is allowed. Abatement of suit is set aside on costs of Rs.2,000/.