Case Summary
The case involves a petition for the restoration of a previous ex parte decree. The plaintiff objected to the restoration petition but the court decided to allow it based on the provided affidavit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition and set aside the previous judgment and decree, restoring the suit.
Why Plaintiff Won:
The court found that a lenient view was warranted based on the circumstances of the case.
The court found that a lenient view was warranted based on the circumstances of the case.
Losing Side's Weaknesses:
The court found that a lenient view was warranted based on the circumstances of the case.
The court found that a lenient view was warranted based on the circumstances of the case.
Supporting Evidence
The service of summons and the consequential placing of the defendant as exparte is seen to have been done, as per the proceedings in the suit, in and around time when case had been adjourned by notification due to covid lock down.
Judgment Evidence:
Hence R.P is allowed. Suit is restored setting aside the judgment and decree dated 27.06.2023.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Johny Thomas
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shiju alias Thampi
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sanal K.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anup T. Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varghese C. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susanth Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Restoration of the suit by setting aside the judgment and decree dated 27.06.2023.
Evidence:
Hence R.P is allowed. Suit is restored setting aside the judgment and decree dated 27.06.2023.
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
Case between Johny Thomas vs Shiju alias Thampi regarding recovery of money.
Case Code Year
Case between Johny Thomas vs Shiju alias Thampi regarding recovery of money.