Case Summary
The plaintiff, C.K. Kesavan Nair, is seeking to realize a sum due from the defendant, R. Manoharan, for materials purchased on credit for construction work. Despite promises to pay, the defendant failed to fulfill the payment obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize a sum of Rs. 1,83,289/- along with interest at specified rates and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unrebutted oral testimony of PW1 and the evidence provided established the plaintiff's claim.
The unrebutted oral testimony of PW1 and the evidence provided established the plaintiff's claim.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs. 1,83,289/- from the defendant and from his assets.
Parties Involved
Plaintiffs
C.K. Kesavan Nair @ C.K.K. Nair (85 years)
Bini Building, Ponoth Road, Kaloor, Ernakulam, Cochin-682017
Defendants
R. Manoharan (50 years)
M/s. Rainbow Constructions, Purushotham Housing Society, C-47, High Tension Line Road, Subhanpura, Gujarath-390023
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 1,83,289 from the defendant.
Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize a sum of Rs. 1,83,289.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 12% per annum on the awarded sum from the date of the suit till the date of decree.
Evidence:
2.Plaintiffs are entitled to realize interest @ 12% per annum for Rs. 1,83,289 from the date of suit till date decree.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest at 6% per annum from the date of decree till realization.
Evidence:
3.Plaintiffs are entitled to realize interest @ 6% per annum for Rs. 1,83,289 from date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
4.Plaintiff is entitled to realize costs of the suit from defendants.
Documents & Evidence
Document Type:
True copy of the ledger account
Submitted By:
Plaintiff
Relevance:
This document provides proof of the amounts owed by the defendant for materials purchased.
Reference:
Ext.A1
Document Type:
Office copy of Invoice
Submitted By:
Plaintiff
Relevance:
This invoice details transactions that form the basis of the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Office copy of Invoice
Submitted By:
Plaintiff
Relevance:
This invoice is part of the evidence supporting the plaintiff's claim for payment.
Reference:
Ext.A3
Document Type:
Office copy of Invoice
Submitted By:
Plaintiff
Relevance:
This invoice is included in the claims filed by the plaintiff.
Reference:
Ext.A4
Document Type:
Copy of registered letter
Submitted By:
Plaintiff
Relevance:
This document notifies the defendant of the amount due.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card was signed by the defendant confirming receipt of the registered letter.
Reference:
Ext.A6
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice demands payment and forms part of the evidence for the plaintiff's claim.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A8