Case Summary
Sebastian and others are plaintiffs against the Vicar and St. Marys Catholic Church regarding the allotment of family tombs. The case involves a petition to amend a written statement concerning the church's admission to allot the tombs.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition to amend the written statement due to lack of authority from the 3rd defendant to make such amendments. The initial admissions made in the written statement were upheld.
Key Reasoning:
The amendment sought was not permissible as it sought to withdraw admissions already made in the written statement.
The amendment sought was not permissible as it sought to withdraw admissions already made in the written statement.
Why Defendant Won:
The amendment sought was not permissible as it sought to withdraw admissions already made in the written statement.
The amendment sought was not permissible as it sought to withdraw admissions already made in the written statement.
Supporting Evidence
The 3rd defendant cannot be permitted to make any amendments in the written statement filed by the 1st defendant-church, when the 3rd defendant is not representing the 1st defendant church.
Judgment Evidence:
Hence, the petition stands dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sebastian
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thomas P V
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Joshy Varghese
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vicar, St. Marys Catholic Church
- Party Role
- Defendant
- Party Name
- St. Marys Catholic Church
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Varghese
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Peter
- Relation
- S/o
Plaintiffs Documents
Receipts for application before church for allotment of family tombs.
Defendants Documents
Written statement filed by the 1st defendant-church.
Advocates
- Party Role
- Defendant
- Advocate Name
- P T Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M K Jayapalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gimmy P Antony
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Amendment of the written statement by the petitioner.
Evidence:
Hence, the petition stands dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
OS.
Case Code Year
2017