Case Summary
Mr. K.I. Sebastian filed a suit against Mr. Joseph Senson for the realization of Rs. 69,008 which he claimed the defendant borrowed in 2014. The defendant denied the allegations, asserting that the suit is barred by limitation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Costs of the proceedings awarded to the defendant
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by Mr. K.I. Sebastian for the realization of money, citing the case as barred by law of limitation. The defendant was awarded costs.
Key Reasoning:
The suit was barred by limitation as it was instituted beyond the permissible time frame.
The suit was barred by limitation as it was instituted beyond the permissible time frame.
Why Defendant Won:
The suit was barred by limitation as it was instituted beyond the permissible time frame.
The suit was barred by limitation as it was instituted beyond the permissible time frame.
Supporting Evidence
I have no hesitation to hold that the above suit is barred by law of limitation.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. K.I. Sebastian
- Party Age
- 56
- Party Role
- Defendant
- Party Name
- Mr. Joseph Senson. V.A.
- Relation
- S/o
Plaintiffs Documents
Account Pass book issued by Canara Bank Eroor branch to the plaintiff, Copy of lawyer notice, Acknowledgement Debt Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.S. Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sajan Antony.N.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of Rs.69,008 from the defendant.
Evidence:
On an overall appreciation of facts and evidence in the case I have no hesitation to hold that plaintiff failed to prove that defendant borrowed Rs.50,000 from him on 16.04.2014, agreeing to repay the same on demand.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is entitled to get the costs of the proceedings.
Evidence:
Considering the facts and circumstances of the case, defendant is entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
Copy of pass book of plaintiff with Canara bank, Eroor branch shows that Rs.50,000 is withdrawn on 16.04.2014 by cheque No.41706.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyers notice dated 01.03.2017 constitutes evidence of the demand for repayment.
Reference:
Ext.A2
Document Type:
Acknowledgement Debt Card
Submitted By:
Plaintiff
Relevance:
Acknowledgement of debt card supports the lawyer's notice.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Plaintiff's oral evidence was presented in relation to the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Mr. K.I. Sebastian vs Mr. Joseph Senson regarding realization of money
Case Code Year
Case between Mr. K.I. Sebastian vs Mr. Joseph Senson regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act