Lovely Francis v. Nil
Case brief
What is this about?
The High Court of Kerala allowed a civil revision petition. The court held that a suit to declare the death of a person is maintainable and set aside the impugned order which dismissed the plaint at the threshold based on Section 108 of the Evidence Act.
What did the court decide?
The impugned order dismissing the plaint is set aside.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938
CRP.No. 504 of 2016
JUDGMENT DATED 24-11-2016 IN OS 366/2016 OF PRINCIPAL SUB COURT, KOCHI
REVISION PETITIONER(S)/PLAINTIFFS:
1. LOVELY FRANCIS,
W/O. JOLLY FRANCIS @ FRANCIS XAVIER, AGED 53 YEARS, 12/368 A, KARATHARA HOUSE, KOOVAPADAM DESOM, ERNAKULAM DISTRICT.
2. LINOY K.J., S/O. JOLLY FRANCIS @ FRANCIS XAVIER, AGED 26 YEARS, 12/368 A, KARATHARA HOUSE, KOOVAPADAM DESOM, ERNAKULAM DISTRICT.
3. GLORIA SOUMYA FRANCIS,
Issues for consideration
2 issues framed by the court
Whether a suit for declaration of death of a person is maintainable under Section 108 of the Indian Evidence Act.
Whether the impugned order dismissing the plaint at the threshold erred in rejecting the plaint.
Parties & counsel
- petitioner
Lovely Francis and Others
Coram
A.Muhammed Mustaque
Case details
As recorded by the court registry
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