Case Summary
Ramla is seeking the appointment of an Advocate commissioner to record her evidence as she is bedridden after surgery. Subair, the respondent, has objections based on family disputes and does not wish to enter her home.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Advocate commissioner appointed to record evidence at plaintiff's residence.
Case Type
Civil Suit
Final Judgment
No
The petition for appointment of an Advocate commissioner is allowed with certain conditions for cooperation between the parties during evidence recording.
Why Plaintiff Won:
The petitioner is bedridden, and the court established the need for an Advocate commissioner to take her evidence.
The petitioner is bedridden, and the court established the need for an Advocate commissioner to take her evidence.
Losing Side's Weaknesses:
The petitioner is bedridden, and the court established the need for an Advocate commissioner to take her evidence.
The petitioner is bedridden, and the court established the need for an Advocate commissioner to take her evidence.
Supporting Evidence
This is admitted by the respondent in his counter. Since, the Code of Civil Procedure has a provision to record the evidence through the Advocate commissioner, the same has to be adhered by both parties.
Judgment Evidence:
In the result, IA 3/2025 is allowed and for C.R. on 15.12.2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- RAMLA
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- SUBAIR
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Medical Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arunkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Siju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ranjith Kumar. P. P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. U. V. Pradeepan
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition allowed to appoint an Advocate commissioner to record the evidence of the plaintiff at her residence.
Evidence:
Hence, the petition is allowed on the basis of following conditions.
Documents & Evidence
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
The court accepted the Medical Certificate to establish that the plaintiff is bedridden after surgery.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2024