Case Summary
The petitioner, Mathew Chacko, requests to set aside an ex-parte decree passed against him due to his absence during a hearing caused by medical treatment. The respondent, Lalitha, contends that the petition should be dismissed as it was filed late.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petition allowed on the condition to pay costs of Rs.1,000 to the respondent within 3 days.
Case Type
Restoration
Final Judgment
No
The petition to set aside the ex-parte decree is allowed on the condition that the petitioner pays costs to the respondent.
Why Plaintiff Won:
The petition was saved by the limitation as the absence was due to valid medical reasons.
The petition was saved by the limitation as the absence was due to valid medical reasons.
Losing Side's Weaknesses:
The petition was saved by the limitation as the absence was due to valid medical reasons.
The petition was saved by the limitation as the absence was due to valid medical reasons.
Supporting Evidence
This court finds that the absence was not with any malafide intention and therefore discretion should be exercised in favour of the petitioner.
Judgment Evidence:
In the result, petition is allowed on condition to pay costs of Rs.1,000/- to the respondent within 3 days from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lalitha
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mathew Chacko
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- P.S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Menon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition is allowed on condition to pay costs.
Evidence:
In the result, petition is allowed on condition to pay costs of Rs.1,000/- to the respondent within 3 days from the date of this order.
Documents & Evidence
Case Classification
Case Type
Restoration
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Lalitha vs Mathew Chacko regarding setting aside an ex-parte decree
Case Code Year
Case between Lalitha vs Mathew Chacko regarding setting aside an ex-parte decree