Case Summary
C K Suresh Babu, the plaintiff, seeks to reopen evidence in a civil suit to present a termination notice and acknowledgment card that were previously misplaced. Dino P A, the defendant, opposed the petition, arguing it lacks merit and is a delay tactic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Evidence of plaintiff is reopened on payment of costs of Rs.1000/- to respondent within 3 days.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to reopen the evidence of the plaintiff for the purpose of marking important documents. However, it denied the acceptance of certain additional documents.
Why Plaintiff Won:
The court found that reopening the evidence was essential for proper adjudication and that shutting out evidence would not serve justice.
The court found that reopening the evidence was essential for proper adjudication and that shutting out evidence would not serve justice.
Losing Side's Weaknesses:
The court found that reopening the evidence was essential for proper adjudication and that shutting out evidence would not serve justice.
The court found that reopening the evidence was essential for proper adjudication and that shutting out evidence would not serve justice.
Supporting Evidence
The court is satisfied that the evidence of plaintiff is to be reopened in the interest of justice and it is necessary for a proper and effective adjudication of the suit on merits.
Judgment Evidence:
In the result, petition is allowed as follows: 1) Evidence of plaintiff is reopened on payment of costs of Rs.1000/- to respondent within 3 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C K Suresh Babu
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dino P A
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Termination notice dated 28/06/2021, postal acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M N Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asher Revi Job
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Viswanath Salish
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- KP Sreedass
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joy KJ
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Evidence of the plaintiff is reopened on payment of costs.
Evidence:
the court is satisfied that the evidence of plaintiff is to be reopened in the interest of justice
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice informed the defendant about the repudiation and rescission of the agreement.
Reference:
Ext.A6
Document Type:
Termination Notice
Submitted By:
Plaintiff
Relevance:
The notice was essential to disprove the defendant's contention regarding non-issuance.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document evidences the receipt of the termination notice by the defendant.
Reference:
Ext.A9
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony supporting the necessity to reopen evidence.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between C K Suresh Babu vs Dino P A regarding reopening of evidence in a civil suit
Case Code Year
Case between C K Suresh Babu vs Dino P A regarding reopening of evidence in a civil suit