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
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.
Judgment Evidence:
In the result, 1) Petition is allowed. Decree dated 22.12.2022 is set aside.
Parties Involved
Plaintiffs
Paul M U (71 years years)
Moonjeli House (POMONA), 35/1365A, Chakkungal Road, Palarivattom, Kochi 25
Mithun Hormese Paul (42 years years)
Moonjeli House, (POMONA), 35/1365A, Chakkungal Road, Palarivattom, Kochi 25
Defendants
K C Josey (62 years years)
IRA 87, Indira Road, Palarivattom, Ernakulam
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.