Original Suit No. 11 of 2014

Case between Kader vs Muhammed Abdul Noor regarding money realization

Court

Court of the Munsiff of Tirur

Judge

Sri. Biju V.G.

Order Date

2014-12-04

Duration

Approximately 4 months

Case Closed

Thu, 12/04/2014 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiff Kader filed suit against defendant Muhammed Abdul Noor to realize Rs.2,00,000/- with interest due to non-repayment as per an agreement.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed in favor of the plaintiff, allowing them to realize Rs.2,00,000/- with interest and costs from the defendant.

Judgment Favored

Plaintiff

Relief Granted

Money Realization with interest at 6% per annum

Case Type

Civil Suit - Money Realization

Final Judgment

The court decreed in favor of the plaintiff, allowing them to realize Rs.2,00,000/- with interest and costs from the defendant.

Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence including the agreement and the defendant's absence from India as per the Limitation Act.

Losing Side's Weaknesses:
Not available

Supporting Evidence

Setion 15(5) of the Limitation Act says that in computing the period of limitation in any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government shall be excluded. Case of the plaintiff is that the defendant has been absent from India from the year 2009. So, the suit is not barred by the provisions of the Limitation Act. The plaintiff adduced evidence in tune with the averments in the plaint.

Judgment Evidence:

In the result, the suit is decreed as follows: Plaintiff is allowed to realize an amount of Rs.2,00,000/- from the defendant with interest at the rate of 6% per annum from the date of suit till realization. Plaintiff is entitled to realize the costs of the suit from the defendant.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kader
Party Age: 65
Relation: S/o. Saidalikutty

Party Role: Defendant
Party Name: Muhammed Abdul Noor
Party Age: 38
Relation: S/o. Marhoom Kambala Abdulla Musliyar

Plaintiffs Documents

Agreement dated 02-08-2008 (Ext.A1)

Defendants Documents

Not available

Advocates

Reliefs

Relief Type: Money Realization

Outcome: Granted

Description:

Plaintiff allowed to realize Rs.2,00,000/- with interest at 6% per annum from the defendant.

Evidence:

The suit is decreed as follows: Plaintiff is allowed to realize an amount of Rs.2,00,000/- from the defendant with interest at the rate of 6% per annum from the date of suit till realization.

Documents & Evidence

Document Type: Agreement

Submitted By: Plaintiff

Relevance:

Ext.A1 would show that the defendant had received Rs.2,00,000/- from the plaintiff on 2.8.2008 and agreed to pay Rs.10,000/- per month.

Reference:

Ext.A1

Case Classification