Case Summary
The case involves a partnership firm, M/s. Cochin Drug House, suing Mr. Jose for the recovery of outstanding payments for medicines sold on credit. The defendant argues that the suit is barred by limitation and only a small amount is outstanding.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit was barred by law of limitation as it was instituted beyond the permitted time frame after the expiry of the credit period.
The suit was barred by law of limitation as it was instituted beyond the permitted time frame after the expiry of the credit period.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Plaintiffs
M/s. Cochin Drug House (Age not specified years)
Earlier functioned at Kattikkaran Complex, Kattikkaran Road, Kochi, Pin – 682 018, Now functioning at JSN Towers, Mankuzhy Road, Edappally Toll Junction
Defendants
Mr. Jose (Age not specified years)
Kuruppampady, Perumbavoor, Pin – 683 545
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought to recover Rs.23,466/- from the defendant.
Evidence:
Accordingly I have no hesitation to hold that plaintiff is not entitled for any amounts from defendant.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Copy of the reconstituted partnership deed.
Reference:
Ext.A1
Document Type:
Bills
Submitted By:
Plaintiff
Relevance:
Copies of bills from 06.03.2014 to 15.12.2015.
Reference:
Ext.A2 series
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card related to the lawyer notice.
Reference:
Ext.A5