Case Summary
The case involves Mary Varghese seeking to restore a previous suit that was dismissed for default. The defendants raised objections to the restoration of the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court dismissed the restoration petition filed by Mary Varghese due to her failure to appear in court and the lack of sufficient reason to restore the case.
Key Reasoning:
The plaintiff failed to appear and provide sufficient cause for the dismissal.
The plaintiff failed to appear and provide sufficient cause for the dismissal.
Why Defendant Won:
The plaintiff failed to appear and provide sufficient cause for the dismissal.
The plaintiff failed to appear and provide sufficient cause for the dismissal.
Supporting Evidence
The conduct of the plaintiff would show that she is not at all interested in taking any steps or adducing evidence in time.
Judgment Evidence:
Hence the petition is not allowable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary Varghese
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Siby
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mini
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jaya
- Party Age
- 49
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petition to restore the suit was dismissed.
Evidence:
Hence the petition is not allowable.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Cancellation of partition deed
Case Code
O.S
Case Code Year
2015