Case Summary
The case involves Canara Bank as the plaintiff and St.Jude Missionary Institution and Yesudasan as defendants. The defendants filed a petition to set aside an exparte decree dated 17/10/2023, citing illness as the reason for their absence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petitions IA 01/2025 and RP 38/2025 filed by the defendants to set aside the exparte decree were dismissed by the court.
Key Reasoning:
Why Defendant Won:
The petitioners did not provide sufficient evidence to substantiate their claim for condoning the delay.
The petitioners did not provide sufficient evidence to substantiate their claim for condoning the delay.
Supporting Evidence
The delay has not been explained at all. Hence, the petition for condonation of delay is only to be dismissed.
Judgment Evidence:
In the result, IA 01/2025 and RP 38/2025 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- St.Jude Missionary Institution
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Yesudasan
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Saju George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- I.Sowfiuar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Prayer for condonation of delay in filing the petition to set aside the exparte decree.
Evidence:
Hence, the petition for condonation of delay is only to be dismissed.
Relief Type:
Other
Outcome:
Refused
Description:
Prayer to set aside the exparte decree dated 17/10/2023.
Evidence:
In view of my 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
2022