Case Summary
The plaintiff Elsy filed a suit for partition against multiple defendants. The court dismissed the suit due to the abatement of necessary parties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as abated due to the absence of necessary parties D4 and D5 without proper steps taken to implead their legal heirs.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Reason not clearly mentioned.
Judgment Evidence:
Suit dismissed as abated as against D4 and D5. As necessary parties are not brought as parties in the case, in view of dismissal as against D4 and D5, suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elsy
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P. L Mary
- Party Age
- 92
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P. O Joy
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. O Joseph
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Annie
- Party Age
- 64
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sumesh K.S
- Appearance Type
- Main Counsel
- Law Firm
- Legal Aid Cousel
- Party Role
- Defendant
- Advocate Name
- K. A Shaji Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Not Decided
Description:
Suit is dismissed as abated as against D4 and D5.
Evidence:
Suit is abated as against necessary party, owing to the fact that suit is one for partition.
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
Case between Elsy vs P. L Mary et al regarding partition
Case Code Year
Case between Elsy vs P. L Mary et al regarding partition