Case Summary
The petitioner, Ansari Abdul Kareem, is seeking to restore a suit that was dismissed for default due to his absence. The petitioner was unable to attend court because of health issues that rendered him bedridden.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court allowed the petition to restore the previously dismissed suit, setting aside the default dismissal order and permitting the plaintiff to contest the suit on merits.
Why Plaintiff Won:
The court found sufficient cause for the plaintiff's absence and determined that the failure to appear was not willful.
The court found sufficient cause for the plaintiff's absence and determined that the failure to appear was not willful.
Losing Side's Weaknesses:
The court found sufficient cause for the plaintiff's absence and determined that the failure to appear was not willful.
The court found sufficient cause for the plaintiff's absence and determined that the failure to appear was not willful.
Supporting Evidence
This court has found that there is sufficiency of cause for condoning delay. This court is satisfied that there is sufficient ground for allowing the above petition in the interest of justice.
Judgment Evidence:
In the result, the above petition is allowed. Order dated 20.01.2023 dismissing the above suit for default is set aside and suit restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ansari Abdul Kareem
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Greater Cochin Development Authority
- Relation
- represented by its Secretary
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P A Abdul Jabbar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D M Sajeevan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed and the suit is restored.
Evidence:
The above petition is allowed. Order dated 20.01.2023 dismissing the above suit for default is set aside and suit restored to file.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2018