Case Summary
This suit is filed by the plaintiff for realization of money paid as a security deposit on behalf of the defendant for toddy shop licenses. The defendant failed to repay the deposit despite repeated requests and a legal notice.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed as it was barred by the law of limitation.
Key Reasoning:
The suit was not filed within the period of limitation as defined by law.
The suit was not filed within the period of limitation as defined by law.
Why Defendant Won:
The suit was not filed within the period of limitation as defined by law.
The suit was not filed within the period of limitation as defined by law.
Supporting Evidence
The suit not filed within the period of Limitation.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manikandan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandra Babu
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Demand draft dated 18.09.2017, Legal Notice dated 16.11.2022, Postal receipt dated 16.11.2022, Postal acknowledgment Card, Office copy of letter dated 18.05.2022, Copy of notice issued through Adv.Krishnan S Raj dated 20.05.2022, Reply from Excise Deputy Commissioner, Kollam dated 26.06.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kallada M. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- JOHN GEORGE
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of the amount deposited on behalf of the defendant.
Evidence:
The suit is not maintainable as it was filed after the period of limitation.
Documents & Evidence
Document Type:
Demand Draft
Submitted By:
Plaintiff
Relevance:
Photocopy of the Demand Draft through which the plaintiff deposited an amount on behalf of the defendant.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendant regarding the repayment of the deposited amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the sending of the legal notice.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card as proof of receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Office copy of the letter marked subject to proof.
Reference:
Ext.A5
Document Type:
Notice Issued
Submitted By:
Plaintiff
Relevance:
Copy of the notice issued through Adv. Krishnan S Raj.
Reference:
Ext.A6
Document Type:
Reply from Excise Deputy Commissioner
Submitted By:
Plaintiff
Relevance:
Reply from the Excise Deputy Commissioner, Kollam regarding the refund.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Manikandan vs Chandra Babu regarding realization of money
Case Code Year
Case between Manikandan vs Chandra Babu regarding realization of money