Case Summary
The case involves K C Josey as the defendant and Paul M U along with Mithun Hormese Paul as the plaintiffs regarding a suit for realization of money. The defendant contends that an ex parte decree was obtained due to misrepresentations by the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Cost of Rs.3000/- to be paid by the petitioner to the plaintiff within 14 days.
Case Type
Restoration Petition
Final Judgment
No
The court allowed the defendant's petition to set aside the ex parte decree dated 22.12.2022. The defendant was granted an opportunity to contest the suit on merits.
Why Plaintiff Won:
The defendants made out sufficient cause for their non-appearance and were granted the opportunity to contest the suit on merits.
The defendants made out sufficient cause for their non-appearance and were granted the opportunity to contest the suit on merits.
Losing Side's Weaknesses:
The defendants made out sufficient cause for their non-appearance and were granted the opportunity to contest the suit on merits.
The defendants made out sufficient cause for their non-appearance and were granted the opportunity to contest the suit on merits.
Supporting Evidence
I am satisfied that the defendants have made out sufficient cause for not appearing before the court to contest the suit and participate in the trial.
Judgment Evidence:
In the result, 1) Petition is allowed. Decree dated 22.12.2022 is set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paul M U
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mithun Hormese Paul
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K C Josey
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Jerry Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raju V Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K J Harisankar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aiswarya V R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The ex parte decree dated 22.12.2022 is set aside.
Evidence:
The exparte decree dated 22.12.2022 is liable to be set aside.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is directed to pay cost of Rs.3000 to plaintiff within 14 days.
Evidence:
Petitioner is directed to pay cost of Rs.3000/- to plaintiff within 14 days.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Misrepresentation
Case Code
O.S.NO.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt