Case Summary
The case involves a petition by S.M.Badhusha to delete the 5th defendant, Bella, from the lawsuit because she has passed away and has no legal heirs. The court has considered the arguments from both sides regarding this request.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to delete the 5th defendant from the array of parties since she is no longer alive and has no legal heirs. No order as to costs was made.
Why Plaintiff Won:
The petitioner has the right to choose parties to a suit and the deletion was deemed appropriate since the 5th defendant was deceased and had no legal heirs.
The petitioner has the right to choose parties to a suit and the deletion was deemed appropriate since the 5th defendant was deceased and had no legal heirs.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner/plaintiff sought to delete 5th defendant who is no more from the array of parties. Hence I am of the view, the petition is to be allowed.
Judgment Evidence:
In the result, the petition is allowed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S.M.Badhusha
- Relation
- S/o O.M.Sadique
- Party Role
- Defendant
- Party Name
- Polistan E Pereira
- Relation
- S/o Edwin Pereira
- Party Role
- Defendant
- Party Name
- Joseph Pereira
- Relation
- S/o Simon Pereira
- Party Role
- Defendant
- Party Name
- Julius Pereira
- Relation
- S/o Simon Pereira
- Party Role
- Defendant
- Party Name
- Rinold Pereira
- Relation
- S/o Simon Pereira
- Party Role
- Defendant
- Party Name
- Bella
- Relation
- D/o Simon Pereira
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.R.Anandakuttan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vinoj Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner/plaintiff sought to delete the 5th defendant from the party array.
Evidence:
Hence I am of the view, the petition is to be allowed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2006