Case Summary
Lilly Thomas, the petitioner, is seeking to restore a previously dismissed suit against John Alexander and others due to the absence of representation caused by health issues. The case involves a delay in filing a restoration petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of C.S. No.09/2023 to file.
Case Type
Civil Suit
Final Judgment
No
The court allowed the restoration petition on the grounds of genuine circumstances leading to the delay and ordered the restoration of the suit. The petition was previously dismissed for non-appearance.
Why Plaintiff Won:
The explanation for the delay was considered bona fide and justifiable.
The explanation for the delay was considered bona fide and justifiable.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The explanation offered, though brief, appears to be bonafide and sufficient to constitute 'sufficient cause' under Section 5 of the Limitation Act.
Judgment Evidence:
In the result, I.A. to condone the delay of 44 days is allowed, on payment of cost of 5000/- to the respondents within 15 days. Restoration Petition No.2/2025 is allowed. The order dated 10.01.2025 dismissing C.S. No.09/2023 for default is set aside. C.S No.09/2023 is restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lilly Thomas
- Party Age
- 56
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- John Alexander
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pradeep Kumar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kochuparambil Ouseph Shaji
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Roby N Thomas
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jacob P.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. John Mathew Therezhath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Francis Jacob K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Baby Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
I.A. to condone the delay of 44 days is allowed
Evidence:
The delay involved is only 44 days. It is well-settled that while considering an application for condonation of delay in moving a petition for restoration of a suit dismissed for default, a liberal approach is warranted.
Relief Type:
Other
Outcome:
Granted
Description:
Restoration Petition No.2/2025 is allowed
Evidence:
I am satisfied that a case is made out for restoration.
Relief Type:
Other
Outcome:
Set Aside
Description:
The order dated 10.01.2025 dismissing C.S. No.09/2023 for default is set aside
Evidence:
The circumstances explained in the affidavit appear genuine.
Relief Type:
Other
Outcome:
Granted
Description:
C.S No.09/2023 is restored to file
Evidence:
I am satisfied that a case is made out for restoration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Delay in filing
Case Code
CS
Case Code Year
2023