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
The petition to set aside the ex-parte decree was allowed, and the defendants were given an opportunity to contest the suit. They were also ordered to pay costs to the plaintiff.
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.
Losing Side's Weaknesses:
Defendants provided sufficient cause for their previous absence in the case.
Defendants provided sufficient cause for their previous absence in the case.
Supporting Evidence
I am satisfied that defendants have made out sufficient cause for not appearing before the court to contest the suit and participate in the trial.
Judgment Evidence:
In the result, 1) Petition is allowed. Decree dated 31.01.2020 is set aside.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- Godwin Fernandez
- Party Age
- 42
- Relation
- S/o late Robert
- Party Role
- Defendant
- Party Name
- Dincy Godwin
- Party Age
- 36
- Relation
- W/o Godwin Fernandez
- Party Role
- Defendant
- Party Name
- Nadasha Fernandez
- Party Age
- 43
- Relation
- D/o late Robert
- Party Role
- Plaintiff
- Party Name
- Kasal India Pvt. Ltd.
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Raju Vadakkekara
- Appearance Type
- Main Counsel
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:
null
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Godwin Fernandez et al vs Kasal India Pvt. Ltd. regarding setting aside an ex-parte decree
Case Code Year
Case between Godwin Fernandez et al vs Kasal India Pvt. Ltd. regarding setting aside an ex-parte decree