Case Summary
The Kerala Educational and Charitable Trust and its Chairman filed a petition to withdraw their suit against the Bheemapally Jamath and its Secretary. The court found several formal defects in the suit, allowing the petition with a cost ordered to be paid to the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to withdraw the suit and file a fresh one.
Case Type
Civil Suit
Final Judgment
No
The petition to withdraw the suit was allowed with a cost of Rs.1000/- ordered to be paid to the defendants. The court found the suit lacking in proper cause of action and other deficiencies.
Why Plaintiff Won:
The court acknowledged the procedural grounds for allowing the petition.
The court acknowledged the procedural grounds for allowing the petition.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On perusal of plaint, it is revealed that non disclosure of proper cause of action, non joinder of necessary parties, not seeking proper relief and non identification of suit properties are some of formal defects by which the suit may fail.
Judgment Evidence:
In the result, the petition is allowed but for the hardship caused to the defendants, costs of Rs.1000/- is ordered to be paid to the defendants by plaintiff, within one month from the date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Eduactional and Charitable Trust
- Relation
- represented by Chairman
- Party Role
- Plaintiff
- Party Name
- Mansoor.J
- Party Age
- 70
- Relation
- S/o Jalaludheen
- Party Role
- Defendant
- Party Name
- Bheemapally Jamath
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Mohammad Hassil
- Party Age
- 50
- Relation
- S/o Mohammad
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Suhas Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Balaram Shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.R.Ravisankar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Withdrawal of suit with liberty to institute fresh suit
Evidence:
Hence I am of the opinion that the petition is liable to be allowed.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of Rs.1000/- ordered to be paid to the defendants
Evidence:
On perusal of plaint, it is revealed that non disclosure of proper cause of action, non joinder of necessary parties, not seeking proper relief and non identification of suit properties are some of formal defects by which the suit may fail.
Documents & Evidence
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
2021