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OP(IP) No. 1/2025

Case between M/s Chempakasseril Finance et al vs M/s. Aiswarya Silks et al regarding legal representation of a deceased partner

Court
COMMERCIAL COURT
Judge
Smt. Rajasree Rajgopal
Order Date
2025-11-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves M/s Chempakasseril Finance and its partners seeking to have the 2nd plaintiff recognized as the legal representative of the deceased 3rd plaintiff. The petition is contested by the defendants on various grounds regarding its maintainability.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition filed by the 2nd plaintiff for substitution as the legal representative of the deceased 3rd plaintiff. It was found that proper legal heirs were not impleaded, making the petition legally defective.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition filed by the 2nd plaintiff for substitution as the legal representative of the deceased 3rd plaintiff. It was found that proper legal heirs were not impleaded, making the petition legally defective.
Key Reasoning:
The petition was found to be not maintainable due to the failure to implead necessary legal heirs and the absence of the partnership deed.
Why Defendant Won:
The petition was found to be not maintainable due to the failure to implead necessary legal heirs and the absence of the partnership deed.
Supporting Evidence
The failure to implead the sons of the deceased plaintiff is a fatal defect. Further, without the partnership deed, the Court cannot be satisfied that the surviving partner is entitled to step into the shoes of the deceased.

Judgment Evidence:

In the result, the petition is dismissed. The plaintiffs are at liberty to file a fresh petition for impleading the actual legal heirs of the deceased 3rd plaintiff, strictly in accordance with law, within the time permissible under the Code of Civil Procedure.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Chempakasseril Finance
Relation
Represented by
Party Role
Plaintiff
Party Name
Mathew Cyriac
Party Age
79
Relation
S/o
Party Role
Plaintiff
Party Name
Lissy Mathew
Party Age
60
Relation
W/o
Party Role
Plaintiff
Party Name
A. Bala Subramaninan
Party Age
67
Party Role
Defendant
Party Name
M/s. Aiswarya Silks
Party Role
Defendant
Party Name
S. Rajappan
Party Age
74
Relation
S/o
Party Role
Defendant
Party Name
A. Venugopalan
Party Age
65
Party Role
Defendant
Party Name
A. Bala Subramaninan
Party Age
67
Party Role
Defendant
Party Name
A. Balakrishnan
Party Age
70
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.P.Jayaraj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K R Sreenivasan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S Rajesh
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The petition is not maintainable and the 2nd plaintiff cannot be treated as the legal representative of the deceased 3rd plaintiff.
Evidence:
The petition is not maintainable, The 2nd plaintiff cannot be treated as the legal representative of the deceased 3rd plaintiff, The proper legal heirs have not been impleaded, The partnership deed has not been produced, The petition is legally defective and contrary to the settled principles of partnership and procedure.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Case Code
Case between M/s Chempakasseril Finance et al vs M/s. Aiswarya Silks et al regarding legal representation of a deceased partner
Case Code Year
Case between M/s Chempakasseril Finance et al vs M/s. Aiswarya Silks et al regarding legal representation of a deceased partner

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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