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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Margret @ Thankam W/o Late Joseph Edmund – Appellant
Versus
Joseph Mathew Chettupuzha S/o Late Joseph Edmund – Respondent
| Table of Content |
|---|
| 1. challenge to trial court rulings (Para 1 , 2) |
| 2. defendants contest family arrangement (Para 3 , 4) |
| 3. arguments regarding evidence insufficiency (Para 5 , 6) |
| 4. notarial act reciprocity is crucial (Para 7 , 8 , 9) |
| 5. legal necessity for government notification (Para 15 , 16 , 24) |
| 6. importance of notarial act validity (Para 17 , 18 , 19) |
| 7. disagreement on legal presumptions (Para 20 , 21) |
| 8. judicial notice of notarial seals (Para 22 , 23) |
| 9. power of attorney recognition in the suit (Para 25 , 26 , 27 , 28) |
JUDGMENT :
K. BABU, J.
1. The challenge in this Original Petition is to the order dated 15.11.2018 in I.A No.3455/2018 in O.S No.179/2018 passed by the Additional Subordinate Judge's Court-III, Ernakulam, an application filed by defendant No.1 in the suit under Order VI Rule 16 and Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, seeking to strike out the pleadings and reject the plaint.
2. The learned Trial Judge rejected the application as per the impugned order. The plaintiff instituted the suit seeking to direct defendant Nos.1 and 2 to execute a release deed in respect of plaint 'A' schedule property in favour of the plaintiff in terms of
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