Case Summary
The defendants filed a petition seeking to set aside an ex-parte decree issued against them due to their inability to contest the suit because of a serious accident. They claim to have been misled by the plaintiff's representatives into not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ex-parte decree dated 31.01.2020 set aside; defendants to pay Rs.1000/- as costs.
Case Type
Restoration Petition
Final Judgment
No
Why Plaintiff Won:
Defendants provided sufficient cause for their previous absence in the case.
Defendants provided sufficient cause for their previous absence in the case.
Judgment Evidence:
In the result, 1) Petition is allowed. Decree dated 31.01.2020 is set aside.
Parties Involved
Plaintiffs
Kasal India Pvt. Ltd. (Age not specified years)
Pulikkaparambil House, Thuravoor P O, Kuthiyathodu, Alappuzha, Pin- 685532
Defendants
Godwin Fernandez (42 years)
10/265 E, Feranandez Villa, Ochanthuruthu P O, Vypin, Ernakulam, Pin- 682508
Dincy Godwin (36 years)
10/265 E, Feranandez Villa, Ochanthuruthu P O, Vypin, Ernakulam, Pin- 682508
Nadasha Fernandez (43 years)
10/265 E, Feranandez Villa, Ochanthuruthu P O, Vypin, Ernakulam, Pin- 682508
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Setting aside the ex-parte decree dated 31.01.2020.
Evidence:
I am satisfied that the above petition is liable to be allowed in the interest of justice. So the exparte decree dated 31.01.2020 is liable to be set aside.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to pay costs to the plaintiff.
Evidence:
Petitioners are directed to pay cost of Rs.1000/- to plaintiff within 7 days.
Documents & Evidence
Document Type:
Restoration Petition
Submitted By:
Defendant
Relevance:
The petition requests to set aside the ex-parte judgment and decree.
Reference:
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