Case Summary
The plaintiffs, Gokulan, Anil R., and Vandana, are seeking to restore a suit they filed against the defendant, Premalatha.M, which was dismissed for default. The plaintiffs argue that their failure to appear was due to valid reasons, including health issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Costs of Rs.1500/- to defendants within 7 days; suit restored to file.
Case Type
Restoration Petition
Final Judgment
No
Why Plaintiff Won:
The court found sufficient reasons for the plaintiffs' absence and determined that the delay was not willful.
The court found sufficient reasons for the plaintiffs' absence and determined that the delay was not willful.
Judgment Evidence:
In the result, IA 1/2023 is allowed. Delay of 224 days is condoned. RP 135/2023 is allowed. Order dated 03.01.2023 dismissing the suit for default is set aside on payment of costs of Rs.1500/- to defendants within 7 days. Suit restored to file.
Parties Involved
Plaintiffs
Gokulan (61 years)
Nadama Village, Kanayannur Taluk, Eroor, Ernakulam
Anil R. (58 years)
Kopparath House, Kozhivettumeli, Eroor North P.O., Tripunithura, Ernakulam
Vandana (Age not specified years)
Kopparath House, Kozhivettumeli, Eroor North P.O., Tripunithura, Ernakulam
Defendants
Premalatha.M (54 years)
Kurullil House, Pareparambu, Nadama Village, Kanayanoor Taluk, Eroor, Ernakulam
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Delay of 224 days is condoned.
Evidence:
IA 1/2023 is allowed. Delay of 224 days is condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Order dated 03.01.2023 dismissing the suit for default is set aside.
Evidence:
RP 135/2023 is allowed. Order dated 03.01.2023 dismissing the suit for default is set aside on payment of costs of Rs.1500/- to defendants within 7 days.