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
The court allowed the plaintiff's petition to set aside the abatement caused by the death of the first defendant and permitted the impleadment of the legal heirs as additional defendants. The application for the same was found to have merit, and costs were imposed.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The petitioner has stated that he could not obtain the details of all legal heirs of the 1st defendant within a reasonable time. It is true that the plaintiff and defendants are neighbours.
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
Parties
- Party Role
- Plaintiff
- Party Name
- K C Babu
- Party Age
- 64
- Relation
- S/o (late) K P Chellappan
- Party Role
- Defendant
- Party Name
- Ulahannan
- Party Age
- 92
- Relation
- S/o (late) Nani
- Party Role
- Defendant
- Party Name
- M U Jose
- Party Age
- 58
- Relation
- S/o (late) Ulahannan
- Party Role
- Defendant
- Party Name
- Kathrikutty
- Party Age
- 85
- Relation
- W/o (late) Ulahannan
- Party Role
- Defendant
- Party Name
- Sali John
- Party Age
- 60
- Relation
- D/o (late) Ulahannan
- Party Role
- Defendant
- Party Name
- Jancy John
- Party Age
- 56
- Relation
- D/o (late) Ulahannan
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese P Chacko
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dennis Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Naveen T U
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jose Kuriakose
- Appearance Type
- Main Counsel
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/.
Documents & Evidence
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 K C Babu vs Ulahannan et al regarding implementation of legal heirs in a money recovery suit
Case Code Year
Case between K C Babu vs Ulahannan et al regarding implementation of legal heirs in a money recovery suit