Case Summary
M N Vishwambaran filed a petition to restore a suit dismissed for default due to his medical condition. He had undergone treatment and was unable to appear in court on the scheduled date.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to restore the suit was allowed, setting aside the previous dismissal. The plaintiff is given an opportunity to contest the case on its merits.
Why Plaintiff Won:
The court found sufficient grounds to allow the petition based on the plaintiff's medical condition and lack of willful failure.
The court found sufficient grounds to allow the petition based on the plaintiff's medical condition and lack of willful failure.
Losing Side's Weaknesses:
The court found sufficient grounds to allow the petition based on the plaintiff's medical condition and lack of willful failure.
The court found sufficient grounds to allow the petition based on the plaintiff's medical condition and lack of willful failure.
Supporting Evidence
This court is satisfied that the failure of plaintiff to adduce evidence on 16.08.2023 is due to the reasons stated in the accompanying affidavit and not due to the willful failure of plaintiff.
Judgment Evidence:
In the result, the above petition is allowed. Order dated 16.08.2023 dismissing the above suit for default is set aside and suit restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M N Vishwambaran
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Greater Cochin Development Authority
- Relation
- Represented through
- Party Role
- Defendant
- Party Name
- The Executive Committee of GCDA
- Relation
- Represented through
- Party Role
- Defendant
- Party Name
- Secretary, GCDA
- Relation
- Represented through
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P Sathisan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rohini S Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishna G Nath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M K Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Legith T Kottakkal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition to restore suit dismissed for default is allowed.
Evidence:
In light of the above discussion this court is satisfied that the above petition is liable to be allowed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2018