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
The court decreed the suit in favor of the plaintiff, allowing him to realize the amount owed along with interest and costs.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A8 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted.
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
Parties
- Party Role
- Plaintiff
- Party Name
- C.K. Kesavan Nair @ C.K.K. Nair
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R. Manoharan
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
True copy of the ledger account from 01.04.2022 to 20.10.2022, Office copy of Invoices dated 15.09.2022, 26.09.2022, 11.10.2022, Copy of registered letter dated 10.11.2022, Acknowledgment card signed by the defendant dated 15.11.2022, Copy of Lawyer notice dated 14.12.2022, Acknowledgment card dated 19.12.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Premachandra Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B. Rajesh
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between C.K. Kesavan Nair @ C.K.K. Nair vs R. Manoharan regarding Realization Of Money
Case Code Year
Case between C.K. Kesavan Nair @ C.K.K. Nair vs R. Manoharan regarding Realization Of Money