Case Summary
James, the plaintiff, filed a suit against Kochu Thresia and others. The suit was abated after it was determined that the plaintiff had died and no application was filed to continue the case.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff James had died and there was no application to continue the case filed. Therefore, the suit was abated.
Key Reasoning:
The suit was abated due to the plaintiff's death and lack of application to continue.
The suit was abated due to the plaintiff's death and lack of application to continue.
Why Defendant Won:
The suit was abated due to the plaintiff's death and lack of application to continue.
The suit was abated due to the plaintiff's death and lack of application to continue.
Supporting Evidence
The court noted that the plaintiff died on 20-11-2023 and no representation was made for the plaintiff.
Judgment Evidence:
Hence, the suit is abated under Order XXII Rule (2) of the Code of Civil Procedure.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- James
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kochu Thresia
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Komaresan
- Party Age
- 55
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Reethu
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Death certificate of the plaintiff
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Sri. Anayara Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sainu Shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M. Josaphath
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
The court used the death certificate of the plaintiff to establish that the plaintiff had died on 20-11-2023.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between James vs Kochu Thresia et al regarding abatement of suit
Case Code Year
Case between James vs Kochu Thresia et al regarding abatement of suit