Case Summary
The plaintiff, Johnson Louise Lopus, is seeking to recover a total amount of Rs. 4,00,000/- lent to the defendants, N.S Unni and his wife, under a promissory note. The defendants allege that no such loan was taken and dispute the validity of the promissory note.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove that any money transaction occurred between the parties and that the signature on the promissory note was that of the first defendant.
Key Reasoning:
The plaintiff could not establish a valid money transaction and the authenticity of the promissory note.
The plaintiff could not establish a valid money transaction and the authenticity of the promissory note.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff failed to prove the signature on the promissory note was put by the 1st defendant.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Johnson Louise Lopus
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- N.S Unni
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kumari
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Promissory Note dated 04-06-2016, Legal Notice dated 17-03-2018, Postal receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thevally K.S. Rajiv
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Kumar.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought to recover Rs. 4,00,000/- from the defendants.
Evidence:
In the above circumstances, the relief claimed cannot be allowed. The issue was found against the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The document was executed by the defendants as security for the money borrowed from the plaintiff.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to demand repayment from the defendants but was not acknowledged.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The receipts are related to the sending of the legal notice.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Johnson Louise Lopus vs N.S Unni et al regarding realization of money
Case Code Year
Case between Johnson Louise Lopus vs N.S Unni et al regarding realization of money