Case Summary
The case involves a petition filed by Jomy K Jose, the first defendant, who seeks to set aside an ex parte judgment and decree due to his inability to appear in court. He claims sufficient cause for his absence was due to his mother's medical condition and caregiving responsibilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the restoration petition filed by Jomy K Jose and set aside the ex parte judgment and decree passed on 31.10.2023.
Why Plaintiff Won:
The petitioner demonstrated sufficient cause for his non-appearance, and there was no objection from the plaintiff/respondent.
The petitioner demonstrated sufficient cause for his non-appearance, and there was no objection from the plaintiff/respondent.
Losing Side's Weaknesses:
The petitioner demonstrated sufficient cause for his non-appearance, and there was no objection from the plaintiff/respondent.
The petitioner demonstrated sufficient cause for his non-appearance, and there was no objection from the plaintiff/respondent.
Supporting Evidence
On a consideration of the facts and circumstances of the case, and bearing in mind the settled legal position that matters should generally be decided on merits rather than on technicalities, this Court is satisfied that the petitioner has shown sufficient cause for his non-appearance.
Judgment Evidence:
Accordingly, the Restoration Petition is allowed. The ex parte judgment and decree dated 31.10.2023 passed in C.S. No.15/2023 is hereby set aside. The suit shall be restored to file and posted for fresh disposal in accordance with law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- IDBI Bank Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jomy K Jose
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reny Jose
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- C.S Bissimon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.K Sebastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The ex parte judgment and decree dated 31.10.2023 passed in C.S. No.15/2023 is set aside.
Evidence:
Accordingly, the Restoration Petition is allowed. The ex parte judgment and decree dated 31.10.2023 passed in C.S. No.15/2023 is hereby set aside.
Relief Type:
Other
Outcome:
Granted
Description:
The delay of 253 days in filing the restoration petition is condoned.
Evidence:
The delay of 253 days in filing the restoration petition is also condoned, considering the reasons stated and the absence of objection.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Case Code
C.S.NO.
Case Code Year
2022