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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU
Margret @ Thankam W/o Late Joseph Edmund – Appellant
Versus
Joseph Mathew Chettupuzha S/o Late Joseph Edmund – Respondent
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 the family arrangement, partitioning the plaint 'B' schedule property and to declare gift deed No.448/2014 of SRO, Ernakulam as void.
3. The defendants resisted the suit denying the alleged family arrangement and contended that defendant No.1 had validly executed the gift deed.
4. The plaint was filed by the Power of Attorney Holder of the plaintiff. A copy of the power of attorney is produced and marked as Ext.P1. The power of attorney was apparently executed and authenticated at St.Louis County, a place in the State of Mis
Recognition of foreign notarial acts requires proof of reciprocity under the Notaries Act; without it, presumption of due execution under the Evidence Act does not apply.
The court affirmed that a power of attorney, duly notarized and authenticated in a foreign jurisdiction, is valid under Indian law, regardless of a lack of reciprocity notification, emphasizing inter....
(1) [By Hon'ble Justice M.R. Shah]]Title Declaratory Suit – When plaintiffs claimed title on the basis of two sale deeds, it was for plaintiffs to prove even execution of sale deeds – Defendants were....
A gift deed's execution need not be proved by attesting witnesses if not denied; the burden of proving fraud rests on the plaintiff, which was not established.
The Notary's attestation of invalid documents amounts to gross misconduct under the Notaries Act, but improper procedures rendered cancellation of his practice illegal.
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