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O.S. No. 1179 /20 20

Case between Central Bank of India vs Martin P.J et al regarding loan agreement and limitation.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M
Order Date
2026-01-14
Duration
approximately-5 years 6 months
Case Closed
Wed, 01/14/2026 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition filed by the defendants contesting the maintainability of a suit for recovery of a loan amount due to limitation issues. The plaintiffs, Central Bank of India, filed the suit seeking recovery of a sum allegedly arising from a loan agreement.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition challenging the maintainability of the suit based on limitation.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition challenging the maintainability of the suit based on limitation.
Key Reasoning:
The court found that the question of limitation involves factual aspects that require evidence.
Why Defendant Won:
The court found that the question of limitation involves factual aspects that require evidence.
Supporting Evidence
However, in the present case, the question of limitation would depend upon proof of other factual aspects including the question whether the part payment was in fact made by the defendants on 17.03.2018.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Central Bank of India
Party Role
Defendant
Party Name
Martin P.J
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Amal Joseph
Party Age
28
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Joe Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Keerthi Devi K.V
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Ashly Mathew
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.R.Harikrishnan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sajitha S Dharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anand Sankar
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The petition sought to hear the question of limitation and maintainability of the suit.
Evidence:
Therefore, the said question cannot be considered as an issue of law alone, which could be heard as a preliminary issue and a decision as to the same to be made at this stage.

Documents & Evidence

Document Type: Loan Agreement
Submitted By: Defendant
Relevance:
The loan agreement dated 02.07.2012 forms the basis of the plaintiff's claim for recovery.
Reference:
null
Document Type: Account Statement
Submitted By: Defendant
Relevance:
The account statement was produced to show part payment made by the defendant.
Reference:
null
Document Type: Amendment Application
Submitted By: Plaintiff
Relevance:
This application sought to amend the date of the alleged part payment made by the defendant.
Reference:
IA No. 4 of 2024
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
Testimonies regarding the existence of the loan and part payments.
Reference:
null

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Central Bank of India vs Martin P.J et al regarding loan agreement and limitation.
Case Code Year
Case between Central Bank of India vs Martin P.J et al regarding loan agreement and limitation.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 12/01/2020 - 12:00
Case Closed
Wed, 01/14/2026 - 12:00
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
80%

Involved Entities

Bank

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