Case Summary
This case involves Jinu Philip, the proprietor of Maruthy Hydrolic Bricks, and N J Thomas and Co. Ltd. The plaintiff is seeking to recover money owed for the supply of cement bricks delivered to the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.4,91,565/- along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount along with interest.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendant shall pay to the plaintiff the sum of Rs.4,91,565/- (Rupees Four Lakhs Ninety One Thousand Five Hundred and Sixty Five Only) along with interest at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jinu Philip
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N J Thomas and Co. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Siby Thomas
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Bill Book No.1, Bill Book No.2, Bill Book No.3, Bill Book No.4, Bill Book No.5, Material Transfer Memo (Nos. 59), True Copy of Lawyers Notice, Postal Receipt, Acknowledgment Card, Reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pradeep Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.4,91,565/- along with interest.
Evidence:
Hence the plaintiff is entitled to the reliefs as claimed for. In the result, the suit is decreed as follows: It is ordered that the defendant shall pay to the plaintiff the sum of Rs.4,91,565/-...
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Bill Book
Submitted By:
Plaintiff
Relevance:
These documents were used to substantiate the claims made by the plaintiff regarding the sale and delivery of cement bricks.
Reference:
Ext.A1 to A6
Document Type:
True copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
This document was a legal notice sent by the plaintiff to the defendants demanding payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
These receipts confirmed the sending of the legal notice to the defendants.
Reference:
Ext.A4 to A4(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
These cards confirmed receipt of the notice by the defendants.
Reference:
Ext.A5 to A5(a)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document was the response from the defendants to the plaintiff's legal notice.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Jinu Philip vs N J Thomas and Co. Ltd. et al regarding realization of money
Case Code Year
Case between Jinu Philip vs N J Thomas and Co. Ltd. et al regarding realization of money