Case Summary
The case involves the petitioners, who are the defendants, seeking to set aside an exparte decree passed against them. They claim that they could not appear in court due to the illness of the second petitioner.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The applications IA 1/2024 and RP 121/2024 were dismissed by the court due to lack of sufficient evidence to justify the delay in filing to set aside the exparte decree.
Key Reasoning:
The petitioners failed to provide adequate evidence to support their claim of illness that prevented them from attending the court.
The petitioners failed to provide adequate evidence to support their claim of illness that prevented them from attending the court.
Why Defendant Won:
The petitioners failed to provide adequate evidence to support their claim of illness that prevented them from attending the court.
The petitioners failed to provide adequate evidence to support their claim of illness that prevented them from attending the court.
Supporting Evidence
The delay thus remains unexplained and appears to be an attempt to protract the proceedings.
Judgment Evidence:
In the result, IA 1/2024 and RP 121/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Branch Manager, South Indian Bank
- Party Role
- Defendant
- Party Name
- Preeja
- Party Role
- Defendant
- Party Name
- Prasannakumari
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sandra Nelson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Mathews
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.S. Varun
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Application for condonation of delay.
Evidence:
Consequently, the application for condonation of delay is devoid of merit.
Relief Type:
Other
Outcome:
Refused
Description:
Application to set aside the exparte decree.
Evidence:
In view of the findings on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2018