Case Summary
Edayath Abdul Majeed, the plaintiff, is involved in a case against Parnangadi Sreenivasan, the defendant, who filed a petition to set aside an exparte decree. The decree was passed due to the defendant's failure to appear in court, citing health issues as the reason.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Exparte decree set aside on deposit of cost of ₹ 3000/-
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court concluded that in the interest of justice, the exparte decree should be set aside despite the defendant's negligence.
The court concluded that in the interest of justice, the exparte decree should be set aside despite the defendant's negligence.
Judgment Evidence:
In the result, the petition is allowed. The delay of 84 days in preferring the application to set aside the exparte decree is condoned and the exparte decree, dated 15.12.2017 against the petitioner, is set aside on deposit of cost of ₹ 3000/- on or before 30.11.2019.
Parties Involved
Plaintiffs
Edayath Abdul Majeed (Age not specified years)
Kanmanam amsom, Varanakkara desom, PO. Kanmanam, Tirur Taluk.
Defendants
Parnnangadi Sreenivasan (Age not specified years)
Trikkandiyur amsom, Annara desom, PO. Tirur.
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition to set aside the exparte decree was allowed.
Evidence:
In the result, the petition is allowed. The delay of 84 days in preferring the application to set aside the exparte decree is condoned and the exparte decree, dated 15.12.2017 against the petitioner, is set aside on deposit of cost of ₹ 3000/- on or before 30.11.2019.