Case Summary
This case involves a petition filed by Retd. Lt. Col. N D Joy to be impleaded as an additional defendant in a suit related to the uniform mode of Holy Qurbana in a church. The initial plaintiffs oppose the petition, claiming it is not maintainable.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to implead Retd. Lt. Col. N D Joy as an additional defendant was dismissed by the court, ruling that the petitioner is not necessary for the adjudication of the suit.
Key Reasoning:
The court found that the petitioner is not a parishioner of the defendant churches and his presence is not necessary for the case.
The court found that the petitioner is not a parishioner of the defendant churches and his presence is not necessary for the case.
Why Defendant Won:
The court found that the petitioner is not a parishioner of the defendant churches and his presence is not necessary for the case.
The court found that the petitioner is not a parishioner of the defendant churches and his presence is not necessary for the case.
Supporting Evidence
Thus, from above discussion, on perusal of the relief sought and the nature of dispute in the suit, this court is satisfied that the petitioner herein is not necessary for the effective and complete adjudication of the suit and to settle all the questions involved in the suit.
Judgment Evidence:
In the result, 1) Petition is dismissed. 2) Considering the facts and circumstances of the case, parties are directed to bear their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathai Varkey Muthirendhy
- Party Age
- 76
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- St Mary’s Cathedral Basilica
- Party Role
- Defendant
- Party Name
- Retd. Lt. Col. N D Joy
- Party Age
- 85
- Relation
- S/o
Plaintiffs Documents
Counter affidavit opposing the petition.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Retd. Lt. Col. N D Joy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K J Kuriachan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Geevar Shalu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Isaac Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajagopalan A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jimmy John Vellanikaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Petitioner sought to be impleaded as an additional defendant in the suit.
Evidence:
Accordingly, I find no merit in the above petition.
Documents & Evidence
Document Type:
Festival Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the date of a festival related to the case.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This document shows that the petitioner is a parishioner of Little Flower Church, Elamkulam.
Reference:
Ext.A3
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
This document shows that the petitioner's daughter was married at the 1st defendant church.
Reference:
Ext.A1
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 Needi.K.Dinamany vs Mathai Varkey Muthirendhy et al regarding impleadment in a civil suit.
Case Code Year
Case between Needi.K.Dinamany vs Mathai Varkey Muthirendhy et al regarding impleadment in a civil suit.