Case Summary
The plaintiff, Mohanan, filed a suit for fixation of the northern boundary of a property. The defendants, Nishad Mathew and Nicemol Nishad, requested to amend their written statement citing further developments in related cases.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Amendment of the written statement
Case Type
Civil Suit
Final Judgment
No
The court has allowed the defendants to amend their written statement and ordered them to pay costs to the plaintiff.
Key Reasoning:
The amendment will allow for a proper adjudication of the ongoing dispute without causing prejudice to the plaintiff.
The amendment will allow for a proper adjudication of the ongoing dispute without causing prejudice to the plaintiff.
Why Defendant Won:
The amendment will allow for a proper adjudication of the ongoing dispute without causing prejudice to the plaintiff.
The amendment will allow for a proper adjudication of the ongoing dispute without causing prejudice to the plaintiff.
Supporting Evidence
It is settled proposition of law that unless and until an admission is taken away by the amendment all the amendments to the written statement should be allowed liberally.
Judgment Evidence:
In the result, Petition is allowed as follows: 1) Petitioners/defendants are permitted to amend the written statement as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nishad Mathew
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nicemol Nishad
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Zakir Hussain
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nikhil K Gopinath
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Premraj CK
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prem Roy C K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanth V C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners/defendants are permitted to amend the written statement as prayed for.
Evidence:
In the result, Petition is allowed as follows: 1) Petitioners/defendants are permitted to amend the written statement as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners/defendants shall pay cost of Rs. 500/- (Rupees Five hundred only) to plaintiff.
Evidence:
2) Petitioners/defendants shall pay cost of Rs. 500/- (Rupees Five hundred only) to plaintiff and file memo.
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 Mohanan vs Nishad Mathew et al regarding amendment of written statement
Case Code Year
Case between Mohanan vs Nishad Mathew et al regarding amendment of written statement