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O.S.No.43/2018

Case between Bindu Suresh vs Dr. Wesly K Abraham regarding amendment of written statement.

Court
II Additional Munsiff
Judge
Smt. Needi.K. Dinamany
Order Date
2024-11-15
Duration
Case Code No.
43
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Bindu Suresh as the plaintiff and Dr. Wesly K Abraham as the defendant, where Bindu seeks to amend the written statement regarding certain calculation errors in the counterclaim. The defendant opposes this amendment, claiming it alters the core structure of the suit.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for amendment of the written statement filed by the defendant, permitting corrections related to calculation errors. Both parties are directed to bear their respective costs.
Judgment Favored
Plaintiff
Relief Granted
Petitioner/defendant is permitted to amend the written statement as prayed for.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for amendment of the written statement filed by the defendant, permitting corrections related to calculation errors. Both parties are directed to bear their respective costs.
Why Plaintiff Won:
The amendment sought is evidently a clerical mistake which can be cured.
Losing Side's Weaknesses:
The amendment sought is evidently a clerical mistake which can be cured.
Supporting Evidence
It is settled proposition of law that unless and until an admission is taken away by the amendment all the amendments to the written statement should be allowed liberally.

Judgment Evidence:

In the result, Petition is allowed as follows: 1) Petitioner/defendant is permitted to amend the written statement as prayed for.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Bindu Suresh
Relation
W/o Late Suresh
Party Role
Defendant
Party Name
Dr. Wesly K Abraham
Relation
S/o V K Abraham
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Shaijan C George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vinai John
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P Sanjay
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A Parvathi Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Neethu M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mohammed Aslam P A
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Petitioner/defendant is permitted to amend the written statement as prayed for.
Evidence:
In light of the above discussion I am satisfied that to resolve the real controversy between the parties, the amendment sought for should be allowed.
Relief Type: Other
Outcome: Granted
Description:
Petitioner/defendant is directed to produce amended written statement.
Evidence:
Petitioner/defendant is directed to produce amended written statement.
Relief Type: Other
Outcome: Granted
Description:
Parties are directed to bear their respective costs.
Evidence:
Considering the facts and circumstance of the case, parties are directed to bear their respective costs.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2018

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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