Case Summary
Muhammed Fazal.C.K is the plaintiff who lent money to the defendant Vishakh.P for the use of his car. The defendant failed to repay the full amount, prompting the plaintiff to file a suit for the outstanding balance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall be entitled to realise Rs.25,000/- from the defendant with interest at the rate of 6 percent from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the remaining balance of Rs.25,000 with interest. The defendant is also required to cover the costs of the proceedings.
Why Plaintiff Won:
The court accepted the plaintiff's unchallenged oral testimony and evidence regarding the transaction.
The court accepted the plaintiff's unchallenged oral testimony and evidence regarding the transaction.
Losing Side's Weaknesses:
The court accepted the plaintiff's unchallenged oral testimony and evidence regarding the transaction.
The court accepted the plaintiff's unchallenged oral testimony and evidence regarding the transaction.
Supporting Evidence
This court is inclined to accept the case of the plaintiff on the basis of the unchallenged oral testimony of the PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realise Rs.25,000/- from the defendant with interest at the rate of 6 percent from the date of suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Fazal.C.K
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishakh.P
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is the cheque bearing No 341116 drawn on State Bank of India Pantheerankavu. Exhibit A2 is the cheque return memo.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jebsir.A.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Sulthan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realise Rs.25,000/- from the defendant with interest.
Evidence:
The suit is decreed as follows: 1. The plaintiff shall be entitled to realise Rs.25,000/- from the defendant with interest at the rate of 6 percent from the date of suit till realisation.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque is evidence of the amount owed by the defendant to the plaintiff.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was returned due to insufficient funds.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Cheque dishonour
Case Code
Case between Muhammed Fazal.C.K vs Vishakh.P regarding realisation of money
Case Code Year
Case between Muhammed Fazal.C.K vs Vishakh.P regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour