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O.S 301/2018

Case between Valsamma Tomy vs Biju Augustine regarding reopening evidence

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-02-03
Duration
approximately-6 years 10 months 26 days
Case Code No.
301
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Valsamma Tomy, the plaintiff, sought to reopen evidence and examine herself online due to being abroad. Biju Augustine, the defendant, opposed this request.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed both applications filed by the plaintiff seeking to reopen evidence and examine herself online.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both applications filed by the plaintiff seeking to reopen evidence and examine herself online.
Key Reasoning:
The court found no sufficient reason for the reopening of evidence.
Why Defendant Won:
Not available
Supporting Evidence
The petition does not show that the Power of Attorney had acted against the interests of plaintiff and as such plaintiff is to be examined.

Judgment Evidence:

In the result, IA 08/2025 and IA 09/2025 is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Valsamma Tomy
Party Age
68
Relation
W/o
Party Role
Plaintiff
Party Name
Haridas T.R.
Party Age
66
Relation
Represented by
Party Role
Defendant
Party Name
Biju Augustine
Party Age
48
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Archana R. Pillai
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
D. Biju
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Petitions for reopening evidence and permission to examine the plaintiff online.
Evidence:
Hence IA 08/2025 is liable to be dismissed. Correspondingly IA 09/2025 is also to be dismissed.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Executed on 05.12.2023 by the plaintiff in favour of Haridas T.R. to represent her in court.
Reference:
Ext.A1
Document Type: Promissory Note
Submitted By: Plaintiff
Relevance:
Witnessed by the Power of Attorney and mentioned as part of the transaction.
Reference:
Ext.A2
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
Referenced in the context of the financial transaction related to the case.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2018

Quick Facts

Location
Kanjirappally Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Thu, 03/08/2018 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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