O.S.No.221/2023

Case between Epsilon Diagnostics vs Sri. Balasubramanian regarding realization of money

Court

II Additional Munsiff Court

Judge

Smt. Needi.K. Dinamany

Order Date

2024-10-22

Duration

approximately-1 year 3 months

Judgement document from eCourt website

Open judgment PDF (eCourt)

Find Similar Cases

Case Summary

Epsilon Diagnostics filed a restoration petition after their original suit was dismissed for default due to non-payment of court fees. The defendant, Sri. Balasubramanian, was set ex parte for failing to appear.

Judgment Outcome

Defendant Won

Interim Order

The restoration petition was dismissed by the court, as the court found that it lacked the inherent power to restore a suit rejected for non-payment of court fees.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
Court's jurisdiction for restoration under S. 151 of CPC is limited when an alternative remedy of appeal exists.

Judgment Evidence:

In the result petition is dismissed with costs.

Parties Involved

Plaintiffs

Epsilon Diagnostics (Age not specified years) F2(2), Shan Complex, Near Changampuzha Park, Edappally, Edappally North Village, Kanayannur Taluk, Ernakulam District, Pin- 682024

Defendants

Sri. Balasubramanian (Age not specified years) 6/796, 1st Floor, Karuna Complex, City Centre, Cherupulassery, Cherupulassery Village, Palakkad District, Pin- 679503

Reliefs

Relief Type: Other

Outcome: Rejected

Description:

Petition to restore the suit dismissed for default.

Evidence:

this court is not inclined to allow this petition. In the result petition is dismissed with costs.