Case Summary
Jayakumari @ Jeenath Beegum, the plaintiff, is suffering from various ailments and requests to record her evidence through an advocate commissioner. Ushakumari, the defendant, contests this application, asserting that the plaintiff's claims of illness are false.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Appointment of advocate commissioner to record evidence
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for the plaintiff to record her evidence through an advocate commissioner, considering her medical condition.
Why Plaintiff Won:
The court found the plaintiff's health issues credible and permissible under Order 26 Rule 1.
The court found the plaintiff's health issues credible and permissible under Order 26 Rule 1.
Losing Side's Weaknesses:
The court found the plaintiff's health issues credible and permissible under Order 26 Rule 1.
The court found the plaintiff's health issues credible and permissible under Order 26 Rule 1.
Supporting Evidence
The plaintiff has also produced Medical Certificate to substantiate her claim.
Judgment Evidence:
Hence find it proper to appoint as advocate commissioner to record her evidence in the interest of justice.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayakumari @ Jeenath Beegum
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ushakumari
- Party Age
- 58
- Relation
- D/o
Plaintiffs Documents
Medical Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anoop Rajendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.G.Jayagopan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Pratheesh Mohan
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Adv.Ganga
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Application filed by plaintiff to record her evidence through an advocate commissioner due to inability to be physically present in court.
Evidence:
Hence find it proper to appoint as advocate commissioner to record her evidence in the interest of justice.
Documents & Evidence
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
The plaintiff produced a medical certificate to substantiate her claim regarding her inability to physically present herself in court.
Reference:
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court is acting upon the commission for examination of witness as per Order 26 Rule 1.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Both sides provided oral evidence regarding the plaintiff's health condition.
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
2017