Case Summary
The petitioners, Marigili Merly Luiz and Felix Luiz, are seeking an order for the respondents to produce certain documents necessary for adjudicating the suit. The court found that the production of the original documents is essential for just adjudication.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents 4 and 5 are directed to produce the documents sought for before the court.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition, directing the respondents to produce the requested documents or provide an affidavit stating their loss.
Why Plaintiff Won:
The production of original documents was necessary for just adjudication.
The production of original documents was necessary for just adjudication.
Losing Side's Weaknesses:
The production of original documents was necessary for just adjudication.
The production of original documents was necessary for just adjudication.
Supporting Evidence
The said document being original prior title deed and the plaintiffs having the burden to produce the same for substantiating the same, production of document is found to be necessary for the just adjudication of the suit.
Judgment Evidence:
Therefore, the respondents 4 and 5 are directed to produce the documents sought for before the court, or to file a proper affidavit stating that the documents sought for are irrecoverably lost and is therefore not in their possession.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marigili Merly Luiz
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Felix Luiz
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Stephen Luiz
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Maxi Luiz
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.P.Tomy
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph John
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nyjil Veliyath George
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.A.Majeed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asif K.H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Molty Majeed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sherin Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.K.Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M.Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.C.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.P.Rexy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.S.Mohammed Usman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Priya Devi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Directed the respondents to produce the documents sought for before the court.
Evidence:
Therefore, the respondents 4 and 5 are directed to produce the documents sought for before the court.
Documents & Evidence
Document Type:
Will
Submitted By:
Defendant
Relevance:
The original prior title deed is necessary for substantiating the plaintiffs' claims.
Reference:
Will no. 164/1990/3
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 Marigili Merly Luiz et al vs Stephen Luiz et al regarding production of documents
Case Code Year
Case between Marigili Merly Luiz et al vs Stephen Luiz et al regarding production of documents