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O.S. No. 377/2022

Case between M/s Ambikas vs M/s Harikrishnans regarding restoration of suit

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M
Order Date
2024-10-25
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner is M/s Ambikas seeking to restore a suit that was rejected for non-payment of court fee. The respondent is M/s Harikrishnans, who opposed the petition.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for restoration as it lacked power to restore a suit dismissed for non-payment of court fee.
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court dismissed the petition for restoration as it lacked power to restore a suit dismissed for non-payment of court fee.
Key Reasoning:
The court determined it had no authority to restore the suit given the circumstances of its rejection.
Why Defendant Won:
The court determined it had no authority to restore the suit given the circumstances of its rejection.
Supporting Evidence
The remedy for the plaintiff in such situations is different and not one under Order 9 Rule 9 of Code of Civil Procedure.

Judgment Evidence:

Hence, for the said reasons, The petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Ambikas
Party Role
Defendant
Party Name
M/s Harikrishnans
Relation
Represented by
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Pradeesh Chacko
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
The petition is dismissed.
Evidence:
However, it is to be seen that the order dated 23.09.2023 was not one of dismissing the suit for default, but rejecting the plaint for non-payment of court-fee.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Ambikas vs M/s Harikrishnans regarding restoration of suit
Case Code Year
Case between M/s Ambikas vs M/s Harikrishnans regarding restoration of suit

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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