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
The court allowed the plaintiffs' petitions to restore the suit and condoned the delay in filing, stating there were sufficient reasons for the plaintiffs' absence. The suit has been restored to file.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The court is satisfied that the failure of plaintiffs to appear before court is due to the reasons stated in the accompanying affidavit and not due to the willful failure of plaintiffs.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Gokulan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anil R.
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vandana
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Premalatha.M
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.V. Manuvilsan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anilkumar P.C
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Vidhya
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Santhosh.G.Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aswathy.A
- Appearance Type
- Assisting Counsel
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.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2015