Case Summary
The petitioners, Archana and Kesav along with Pooja, filed a restoration petition against an exparte decree issued due to their non-appearance. The case involves a loan default and the court has decided to allow the petition to give the petitioners an opportunity to contest the matter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition filed by the petitioners, setting aside the exparte decree dated 05.07.2024, and granted them an opportunity to contest the matter.
Why Plaintiff Won:
The court determined that the petitioners were not made aware of the legal proceedings against them and believed that they had sufficient cause for their non-appearance.
The court determined that the petitioners were not made aware of the legal proceedings against them and believed that they had sufficient cause for their non-appearance.
Losing Side's Weaknesses:
The court determined that the petitioners were not made aware of the legal proceedings against them and believed that they had sufficient cause for their non-appearance.
The court determined that the petitioners were not made aware of the legal proceedings against them and believed that they had sufficient cause for their non-appearance.
Supporting Evidence
The averments in the affidavit in support of the petition that petitioners were not aware of the service of summons appear as believable.
Judgment Evidence:
In the result, RPIA stands allowed, setting aside the judgment and decree dated 05.07.2024.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manager, The Canara Bank Branch-1
- Party Role
- Plaintiff
- Party Name
- Pradeep Foot works
- Relation
- Proprietor, Pradeep Kumar. K
- Party Role
- Defendant
- Party Name
- Archana
- Relation
- W/o K.Pradeep Kumar
- Party Role
- Defendant
- Party Name
- Kesav
- Relation
- S/o K. Pradeep Kumar
- Party Role
- Defendant
- Party Name
- Pooja
- Relation
- D/o K. Pradeep Kumar
Plaintiffs Documents
N/A
Defendants Documents
N/A
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. P.T.Umendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sreedevi.K.L
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Setting aside the exparte decree dated 05.07.2024.
Evidence:
In the result, RPIA stands allowed, setting aside the judgment and decree dated 05.07.2024.
Relief Type:
Other
Outcome:
Not Decided
Description:
Order as to costs.
Evidence:
Point No. 2 is found accordingly.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court, Koyilandy
Common Reasons
Non-payment of rent
Case Code
Case between Archana et al vs Manager, The Canara Bank Branch-1 et al regarding setting aside exparte decree.
Case Code Year
Case between Archana et al vs Manager, The Canara Bank Branch-1 et al regarding setting aside exparte decree.