Case Summary
Karnataka Bank Ltd filed a review petition to recall an order that rejected their suit for non-payment of court fees. The court allowed the review, stating that there was an error apparent on the record.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
The petition to review was allowed, and the order rejecting the plaint was recalled. The court recognized an error regarding the non-representation of the plaintiff.
Why Plaintiff Won:
The court found an error in rejecting the plaint due to the plaintiff's non-representation.
The court found an error in rejecting the plaint due to the plaintiff's non-representation.
Losing Side's Weaknesses:
The court found an error in rejecting the plaint due to the plaintiff's non-representation.
The court found an error in rejecting the plaint due to the plaintiff's non-representation.
Supporting Evidence
This court is satisfied that there is error apparent on face of record which is to be reviewed by this court in the interest of justice.
Judgment Evidence:
In the result, 1) Petition is allowed. Order dated 17.01.2024 rejecting plaint for non payment of balance court fee is reviewed and the said order is recalled.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karnataka Bank Ltd
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Chackochan
- Relation
- S/o
Plaintiffs Documents
Remittance of balance court fee dated 12.01.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P.Sujesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Keerthi.K.Narayan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin.B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jeevan Joy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Review and recall of the order dated 17.01.2024 rejecting the plaint for non-payment of balance court fee.
Evidence:
Petition is allowed. Order dated 17.01.2024 rejecting plaint for non payment of balance court fee is reviewed and the said order is recalled.
Documents & Evidence
Document Type:
Court Fee Register
Submitted By:
Unknown
Relevance:
Document related to the remittance of the balance court fee.
Reference:
A1020/2024
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of balance court fee
Case Code
Case between Karnataka Bank Ltd vs Chackochan regarding recovery of money
Case Code Year
Case between Karnataka Bank Ltd vs Chackochan regarding recovery of money