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
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.
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
Plaintiffs
C K Suresh Babu (54 years years)
Challiyil House, Kuruvilassery Village, Chalakkudy, Thrissur - - 680 734
Defendants
Dino P A (38 years years)
Payyappilly House, Near Vetinary Hospital, Cheruvaloor P O, Vadakkumury, Chalakkudy, Thrissur - 680 308
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: