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os No. 49 / 2015

Case between Shiju V Paulose vs Mercy et al regarding appointment of next friend

Court
COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha.N.A
Order Date
2024-09-23
Duration
approximately-9 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Shiju V Paulose, seeks to be appointed as the next friend for a mentally challenged plaintiff, Mercy W/o Chacko, who is unable to represent herself in the case. The court is determining the legitimacy of the petitioner's request against objections raised by the respondents.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to appoint Shiju V Paulose as the next friend for the plaintiff, Mercy, acknowledging her inability to represent herself due to mental challenges.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to appoint Shiju V Paulose as the next friend for the plaintiff, Mercy, acknowledging her inability to represent herself due to mental challenges.
Why Plaintiff Won:
The court found that the petitioner had a legitimate interest in acting on behalf of the plaintiff and that no evidence contradicted this.
Losing Side's Weaknesses:
The court found that the petitioner had a legitimate interest in acting on behalf of the plaintiff and that no evidence contradicted this.
Supporting Evidence
The court has an obligation to appoint next friend to proceed with the case, I think the petition is to be allowed.

Judgment Evidence:

In the result: - The petition is allowed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mercy W/o Chacko
Party Age
67
Relation
W/o
Party Role
Defendant
Party Name
Shiju V Paulose
Party Age
48
Relation
S/o
Party Role
Plaintiff
Party Name
E:Varghese
Party Age
68
Relation
S/o
Party Role
Plaintiff
Party Name
Geemon S/o Chacko
Party Age
44
Relation
S/o
Party Role
Plaintiff
Party Name
Thomas K Mangalmpally
Party Age
65
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V.J.Kuriakose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V.Shankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Babu T Cherian
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petitioner is allowed to be appointed as the next friend of the plaintiff.
Evidence:
I think the petition is to be allowed. Hence the petition is allowed.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Shiju V Paulose vs Mercy et al regarding appointment of next friend
Case Code Year
Case between Shiju V Paulose vs Mercy et al regarding appointment of next friend

Quick Facts

Location
Kolenchery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Sun, 08/23/2015 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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