Case between Edayath Abdul Majeed vs Parnangadi Sreenivasan regarding setting aside of exparte decree.

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

The petition to set aside the exparte decree was allowed, and the delay was condoned upon the payment of costs.

Why Plaintiff Won:
The court concluded that in the interest of justice, the exparte decree should be set aside despite the defendant's negligence.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The petitioner/defendant ought to have been vigilant in pursuing the matter. No plausible explanation was given as to why he was not appeared when the suit was listed for trial.

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

Parties

Party Role: Plaintiff
Party Name: Edayath Abdul Majeed
Relation: S/o

Party Role: Defendant
Party Name: Parnnangadi Sreenivasan
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Defendant
Advocate Name: Sri. P.Santhoshkumar
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. P.Basheer
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. I.V.Ratheesh
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Granted

Description:

The petition to set aside the exparte decree was allowed.

Evidence: