Case Summary
Vijayalekshmi filed a suit against Vishnu S Nair and others. The case was dismissed as abated because the plaintiff passed away and legal representatives were not brought on record.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as abated due to the death of the plaintiff. The court allowed the application related to the abatement.
Key Reasoning:
The suit was dismissed as there were no legal representatives brought on record after the plaintiff's death.
The suit was dismissed as there were no legal representatives brought on record after the plaintiff's death.
Why Defendant Won:
The suit was dismissed as there were no legal representatives brought on record after the plaintiff's death.
The suit was dismissed as there were no legal representatives brought on record after the plaintiff's death.
Supporting Evidence
Even though right to sue survives in a money suit after the death of sole plaintiff, the suit was liable to be abated.
Judgment Evidence:
this suit is liable to be abated as legal representatives are not brought on record within the period prescribed. Hence suit is dismissed as abated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayalekshmi
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishnu S Nair
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lekshmi.B
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Santha
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anoop Nair
- Relation
- S/o
Plaintiffs Documents
Death certificate of plaintiff produced.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.A . Baburaj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Binukumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ajun Krishna. U.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Interim Application IA 3/25 is allowed.
Evidence:
IA 3/25 is allowed.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provided to indicate the plaintiff's passing and that the suit is liable to be abated.
Reference:
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
2023