Case Summary
Ajeesh Vijayan filed a review petition to restore a counter claim that was previously rejected due to non-payment of court fees. Johnson Varghese is the respondent in this matter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petitions filed by the defendant, condoning the delay in filing the review petition and restoring the previously rejected counter claim.
Why Plaintiff Won:
The court found sufficient grounds for allowing the petitions in the interest of justice.
The court found sufficient grounds for allowing the petitions in the interest of justice.
Losing Side's Weaknesses:
The court found sufficient grounds for allowing the petitions in the interest of justice.
The court found sufficient grounds for allowing the petitions in the interest of justice.
Supporting Evidence
I am satisfied that the delay that occasioned is not willful. On perusing records, this court is satisfied that there is sufficient ground for allowing the above petitions in the interest of justice.
Judgment Evidence:
In the result, IA 1/2023 in RP 89/2023 is allowed. Delay of 49 days condoned. RP 89/2023 is allowed. Order dated 08.09.2023 rejecting counter claim is set aside. Counter claim restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ajeesh Vijayan
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johnson Varghese
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Latheesh Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binitha James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Delay of 49 days condoned.
Evidence:
IA 1/2023 in RP 89/2023 is allowed. Delay of 49 days condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Counter claim restored to file.
Evidence:
RP 89/2023 is allowed. Order dated 08.09.2023 rejecting counter claim is set aside. Counter claim restored to file.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
OS.NO.
Case Code Year
2018