Case Summary
The Plaintiffs, including a Civil Engineer and specialized workers, are seeking to recover unpaid dues from the Defendants, a husband and wife, for construction work completed on their residential house. The Plaintiffs have completed the work as per agreement, but the Defendants have failed to pay the outstanding balance.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found the claim of the Plaintiff unsupported and barred by limitation.
The court found the claim of the Plaintiff unsupported and barred by limitation.
Judgment Evidence:
In the result, the suit and the counter claim are dismissed.
Parties Involved
Plaintiffs
Bijo Isaac (38 years years)
Thalakkottukara house, Marottichodu, Edapally P.O, Pin – 682 024, Ernakulam
Prasanth K.V (36 years years)
Valiparambil house, Vattekkunam, Edappally North P.O, Pin – 682 024, Ernakulam
C.M.Faisal (45 years years)
Kallekandathil house, Vattekkunam, Edappally North P.O, Pin – 682 024, Ernakulam
George V.V (48 years years)
Valiaparambil house, Maliakkapady, Kizhakkambalam P.O, Ernakulam
Biju Joseph (38 years years)
Kandathil house, Sahakarana road, Edappally P.O, Pin – 682 024, Ernakulam
Defendants
Mathew Joseph (null years)
Kithu Veettil house, 43/1353, Vattathipadam road, Kalavathu road, Palarivattom, Pin – 682 025, Ernakulam
Mercy John Kithu (null years)
Kithu Veettil house, 43/1353, Vattathipadam road, Kalavathu road, Palarivattom, Pin – 682 025, Ernakulam
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiffs sought recovery of outstanding amount due from the defendants.
Evidence:
Therefore. no amount is pending to be paid the plaintiff from the defendants and thus plaintiff is not entitled to recover any amount from the defendant.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
Defendants filed counterclaim for recovery of amount overpaid to the plaintiff.
Evidence:
Counter-claim is found to be barred by law of limitation.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff outlining the balance due from the defendants.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Received from the Sub Inspector of Palarivattom Police station regarding the payment status.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the plaintiff to the defendants regarding the outstanding dues.
Reference:
Ext.A3
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photographs relating to the construction project.
Reference:
Document Type:
Receipts
Submitted By:
Defendant
Relevance:
Receipts for payments made by the defendants.
Reference:
Ext.B1 series
Document Type:
Occupancy Certificate
Submitted By:
Defendant
Relevance:
Issued to the defendants indicating legal occupancy of the constructed building.
Reference:
Ext.B2
Document Type:
Approved Plan
Submitted By:
Defendant
Relevance:
Construction plan approved by the authorities.
Reference:
Ext.B3
Document Type:
Work Agreement
Submitted By:
Defendant
Relevance:
Agreement between first plaintiff and second defendant for construction work.
Reference:
Ext.B4
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Permit issued for the construction of the building.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by an advocate commissioner regarding the construction dispute.
Reference:
Ext.C1
Document Type:
Expert Report
Submitted By:
Court
Relevance:
Valuation report by an expert engineer on the construction.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch related to the construction as per expert evaluation.
Reference:
Ext.C1(b)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Series of photographs documenting aspects of the construction.
Reference:
Ext.C1(c)