Case Summary
The Branch Manager of Canara Bank filed petitions to restore a suit that was previously rejected due to non-payment of court fees and to condone a delay in filing the review petition. The respondents did not appear before the court.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both the petitions filed by the plaintiff for the restoration of the suit and condonation of delay. No costs were awarded.
Key Reasoning:
The plaintiff failed to provide sufficient reason for the delay in filing the review petition and did not follow the proper procedure.
The plaintiff failed to provide sufficient reason for the delay in filing the review petition and did not follow the proper procedure.
Why Defendant Won:
Not available
Not available
Supporting Evidence
It is settled that if the review application for restoration of suit can be allowed if the plaintiff demonstrates that he fails to pay the Court fee was not deliberate. Here the calculation of delay is the not correct and no sufficient reason stated in the affidavit for the long delay of 90 days in filing RP 253/24.
Judgment Evidence:
In the result, IA 01/24 and RP 253/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Branch Manager, Canara Bank, Kundara
- Party Role
- Defendant
- Party Name
- Sujitha, D/o Prasanna Kumar, Ambiyil Kizhakkathil Puthen Veedu, Ambipoika, Kundara, Kollam
- Party Role
- Defendant
- Party Name
- Prasannakumar, Ambiyil Kizhakkathil Puthen Veedu, Ambipoika, Kundara, Kollam
- Party Role
- Defendant
- Party Name
- Padmakumari, Ambiyil Kizhakkathil Puthen Veedu, Ambipoika, Kundara, Kollam
- Party Role
- Defendant
- Party Name
- Sandhya, W/o Krishna Kumar, Nandanam, Murunthal, Perinad, Kollam
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Dismissed
Description:
IA 01/24 is only liable to be dismissed.
Evidence:
IA 01/24 is only liable to be dismissed.
Relief Type:
Other
Outcome:
Dismissed
Description:
RP 253/2024 are dismissed.
Evidence:
In the result, IA 01/24 and RP 253/2024 are dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of court fee
Case Code
OS.NO.
Case Code Year
2018