Case Summary
M.B. Jayan filed a suit against K. Sunil Kumar for recovery of ₹2,29,000 which he claims to have lent to Sunil. The defendant denied borrowing the money and alleged the suit is based on fabricated claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff could not substantiate his claims with credible evidence.
The plaintiff could not substantiate his claims with credible evidence.
Judgment Evidence:
The suit is dismissed and parties are directed to suffer their respective costs to the suit.
Parties Involved
Plaintiffs
M.B. Jayan (57 years years)
Malikaparambil, P.A. Joseph Road, west Karuvelipady, Cochin 682 005, Kochi
Defendants
K. Sunil Kumar (Age not specified years)
H. No. 82, Kerala Housing Board Colony, Haritha Nagar, Kallelipady Road, Mulangunathkavu, Thrissur District, Pin - 680 581
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought recovery of ₹2,29,000 from the defendant.
Evidence:
The suit is dismissed and parties are directed to suffer their respective costs to the suit.
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff also sought repayment of ₹6,000 for expenses incurred.
Evidence:
The suit is dismissed and parties are directed to suffer their respective costs to the suit.
Documents & Evidence
Document Type:
Original Pocket Diary
Submitted By:
Plaintiff
Relevance:
Evidence of transactions between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Computer print out of the email communication
Submitted By:
Plaintiff
Relevance:
Subject to objection, related to communication about money owed.
Reference:
Ext.A2
Document Type:
Computer Print out of Whatsapp message sent to the defendant
Submitted By:
Plaintiff
Relevance:
Subject to objection, related to communication demanding repayment.
Reference:
Ext.A3
Document Type:
Computer Print out of Whatsapp message sent to the defendant
Submitted By:
Plaintiff
Relevance:
Subject to objection, part of communication regarding loan.
Reference:
Ext.A4
Document Type:
True copy of Complaint submitted before Sub Inspector of Police
Submitted By:
Plaintiff
Relevance:
Related to police inquiry about the defendant's financial situation.
Reference:
Ext.A5
Document Type:
True copy of registered letter
Submitted By:
Plaintiff
Relevance:
Communication sent to the defendant regarding repayment.
Reference:
Ext.A6
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Indicates failed communication attempts to the defendant.
Reference:
Ext.A7
Document Type:
Computer print out of Whatsapp message sent by the wife of the defendant
Submitted By:
Plaintiff
Relevance:
Communication related to acknowledgment of loan transaction.
Reference:
Ext.A9
Document Type:
True copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the loan.
Reference:
Ext.A10
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Indicates returned communication attempts to the defendant.
Reference:
Ext.A11