Case Summary
The plaintiff, Johnson Samuel, is a businessman who lent money to the defendant, Smt. Asha, under a promissory note. The defendant defaulted on the repayment, leading the plaintiff to file a suit for recovery of the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.3,92,000/- with 9% future interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs.3,92,000/- with interest. The plaintiff is also entitled to recover the amount from the defendant's assets if necessary.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.3,92,000/- with 9% future interest per annum from the date of suit until the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Johnson Samuel
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Asha
- Party Age
- 37
- Relation
- D/o
Plaintiffs Documents
Original Demand Promissory note executed by defendant in favour of the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ranimol M.T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shibu Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jaison Antony
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The suit is decreed directing the defendant to pay an amount of Rs.3,92,000/- with 9% future interest per annum from the date of suit till the date of decree.
Evidence:
In the result, 1. The suit is decreed directing the defendant to pay an amount of Rs.3,92,000/- (Rupees three lakhs ninety two thousand only) with 9% future interest per annum from the date of suit(ie, from 7.2.2022) till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit.
Evidence:
The plaintiff is entitled to costs of the suit.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original Demand Promissory note executed by defendant in favour of the plaintiff.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Johnson Samuel vs Smt. Asha regarding recovery of money.
Case Code Year
Case between Johnson Samuel vs Smt. Asha regarding recovery of money.