Case Summary
The plaintiffs, Vishnu.P, Rajesh.P, and Sarasamma, filed a suit against the defendant Beena for declaration and to set aside a settlement deed and partition. The plaintiffs were absent during the hearing despite multiple opportunities.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The plaint was rejected due to the plaintiffs' absence and failure to remit the balance court fee.
Key Reasoning:
Plaintiffs failed to appear for the hearing and did not remit court fees.
Plaintiffs failed to appear for the hearing and did not remit court fees.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Plaintiffs 1 to 3 called in open court and remained absent. Inspite of repeated opportunities were given, plaintiffs are not ready to remit balance court fee.
Judgment Evidence:
Hence, plaint rejected u/o 7 Rule 11(c) of Civil Procedure Code.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vishnu.P
- Party Age
- 24
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajesh. P
- Party Age
- 22
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sarasamma
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Beena
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thampi.V.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
to set aside settlement deed and partition
Evidence:
plaint rejected u/o 7 Rule 11(c) of Civil Procedure Code
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS
Case Code Year
2022