Case Summary
Involves a dispute over a partnership deed dated 25-11-2014 between the plaintiff and defendants. Plaintiff alleges fraud and forgery in the formation of the partnership firm.
Judgment Outcome
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Case
Final Judgment
No
IA 4994/2019 dismissed, IA 1/2021 allowed, IA 3/2021 allowed. Defendants proved a prima facie case in their favor.
Key Reasoning:
Plaintiff failed to prove a prima facie case. Defendants substantiated their claims with evidence.
Plaintiff failed to prove a prima facie case. Defendants substantiated their claims with evidence.
Losing Side's Weaknesses:
Plaintiff failed to prove a prima facie case. Defendants substantiated their claims with evidence.
Plaintiff failed to prove a prima facie case. Defendants substantiated their claims with evidence.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sumesh Balakrishnan
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aiswarya
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Copy of discharge cards, Interview letters, Affidavit, Receipts, Complaints, Lease Agreement, Forms
Defendants Documents
Partnership deed, Emails, Demand draft, Bills, Feasibility certificate
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jani A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Wahab
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aswin Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kala G Nambiar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amal Nath Naik
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Renoy Vincent
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Niranjana Sudhir
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nikitha Susan Paulson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mahesh Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petition for temporary injunction restraining defendants from claiming right based on partnership deed
Evidence:
Court's decision that plaintiff failed to prove prima facie case and defendants proved their case
Relief Type:
Injunction
Outcome:
Granted
Description:
Ad interim injunction in IA 4994/2019 vacated in interest of justice
Evidence:
Court order specifically granting relief
Relief Type:
Injunction
Outcome:
Granted
Description:
Interim injunction restraining plaintiff from claiming unlawful gains at the expense of defendants
Evidence:
Court order specifically granting relief
Documents & Evidence
Document Type:
Copy of discharge card of plaintiff for the period 24.02.14 to 03.03.14
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of plaintiff's medical history
Reference:
Ext.A1
Document Type:
Copy of discharge card of plaintiff for the period 13.08.15 to 16.08.15
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of plaintiff's medical history
Reference:
Ext.A2
Document Type:
Copy of discharge card of plaintiff for the period 22.07.17 to 26.07.17
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of plaintiff's medical history
Reference:
Ext.A3
Document Type:
Copy of scan report of plaintiff dated 9-08-2017
Submitted By:
Plaintiff
Relevance:
Medical report of plaintiff
Reference:
Ext.A4
Document Type:
Copy of allotment letter dated 30-05-2018
Submitted By:
Plaintiff
Relevance:
Evidence of land allotment to plaintiff
Reference:
Ext.A5
Document Type:
Copy of allotment letter dated 20-12-2016
Submitted By:
Plaintiff
Relevance:
Evidence of land allotment to plaintiff
Reference:
Ext.A6
Document Type:
Copy of interview letter dated 3-11-2014
Submitted By:
Plaintiff
Relevance:
Correspondence from District Industries Centre
Reference:
Ext.A7
Document Type:
Copy of letter dated 19-3-2018
Submitted By:
Plaintiff
Relevance:
Communication from plaintiff to DIC Kasaragod
Reference:
Ext.A8
Document Type:
Copy of affidavit dated 10-5-2018
Submitted By:
Plaintiff
Relevance:
Plaintiff's sworn statement before DIC
Reference:
Ext.A9
Document Type:
Copy of receipt dated 03-04-2019
Submitted By:
Plaintiff
Relevance:
Receipt of payment to DIC Kasaragod
Reference:
Ext.A10
Document Type:
Copy of complaint dated 19-06-2019
Submitted By:
Plaintiff
Relevance:
Complaint filed by plaintiff to Central Police Station
Reference:
Ext.A11
Document Type:
Copy of Form A of Registrar of Firms dated 29-04-2019 with covering letter
Submitted By:
Plaintiff
Relevance:
Registration related document
Reference:
Ext.A12
Document Type:
Copy of Form C dated 06-07-2017 from Registrar of Firms Thiruvananthapuram
Submitted By:
Plaintiff
Relevance:
Registration related document
Reference:
Ext.A13
Document Type:
Copy of partnership deed dated 25-11-2014
Submitted By:
Plaintiff
Relevance:
Document alleged to be executed fraudulently
Reference:
Ext.A14
Document Type:
Copy of complaint dated 22-04-2019 submitted to Inspector General of Registration
Submitted By:
Plaintiff
Relevance:
Complaint against fraudulent deed of partnership
Reference:
Ext.A15
Document Type:
Copy of partnership deed executed on 25-11-2014
Submitted By:
Defendant
Relevance:
Partnership deed submitted by defendants
Reference:
Ext.B1
Case Classification
Case Type
Civil Case
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Pradeep vs Sumesh Balakrishnan et al regarding partnership deed
Case Code Year
Case between Pradeep vs Sumesh Balakrishnan et al regarding partnership deed