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
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.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Plaintiffs
Mr. K.I. Sebastian (56 years)
CYM Office, Southern Railway, Irumpanam, Residing at Kannampuzha House, Makaliyam, Irumpanam, Cochin – 682 309
Defendants
Mr. Joseph Senson. V.A. (Age not specified years)
Velluthamnnungal House, Chellanam.P.O., Maruvakkadu, Cochin – 682 008
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Copy of pass book of plaintiff with Canara bank, Eroor branch shows that Rs.50,000 is withdrawn on 16.04.2014 by cheque No.41706.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: