Case Summary
The case involves a partnership firm, M/s. Purnima Papers, suing Vijayan, the proprietor of Das Offset Printers, to recover outstanding debts from credit transactions. The plaintiff claims an outstanding amount of Rs. 29,820 along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 29,820 from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover an amount of Rs. 29,820 from the defendant along with applicable interest and costs. Interest at a rate of 12% per annum was granted from the date of the suit until realization.
Why Plaintiff Won:
The unrebutted evidence established the plaintiff's claim for the outstanding debt.
The unrebutted evidence established the plaintiff's claim for the outstanding debt.
Losing Side's Weaknesses:
The unrebutted evidence established the plaintiff's claim for the outstanding debt.
The unrebutted evidence established the plaintiff's claim for the outstanding debt.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.29,820/- from the defendant and from his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Purnima Papers
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 50
Plaintiffs Documents
Original plaintiff ledger account from 01.04.2017 to 31.12.2023, Copy of lawyer’s notice dated 08.09.2023, Original returned unclaimed postal cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anaina Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T.M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.29,820 from the defendant.
Evidence:
Suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.29,820 (Rupees twenty nine thousand eight hundred and twenty only) from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Partly Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum from the date of suit till date decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.29,820 (Rupees twenty nine thousand eight hundred and twenty only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum from the date of decree till date of realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.29,820 (Rupees twenty nine thousand eight hundred and twenty only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original plaintiff’s ledger account
Submitted By:
Plaintiff
Relevance:
Shows transaction with the defendant along with certification and acknowledgment of debt.
Reference:
Ext.A1
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice dated 08.09.2023 sent for the outstanding amount.
Reference:
Ext.A2
Document Type:
Returned unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Original returned unclaimed postal cover, accepted and marked in evidence.
Reference:
Ext.A3
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 M/s. Purnima Papers vs Vijayan regarding realization of money.
Case Code Year
Case between M/s. Purnima Papers vs Vijayan regarding realization of money.