Case Summary
The plaintiff, N. C. Thomas, is a trader suing the defendant, Reji Joseph, for the recovery of money owed for the sale of buffaloes. The defendant failed to pay the remaining amount after purchasing five buffaloes for his meat business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay the amount of Rs. 2,68,500/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay a total of Rs. 2,68,500 along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff and the documents marked as Ext.A1 to A4 proved the case of the plaintiff.
The unchallenged evidence of the plaintiff and the documents marked as Ext.A1 to A4 proved the case of the plaintiff.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff and the documents marked as Ext.A1 to A4 proved the case of the plaintiff.
The unchallenged evidence of the plaintiff and the documents marked as Ext.A1 to A4 proved the case of the plaintiff.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A4 stands unchallenged. No contra evidence adduced.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby directed to pay the amount of Rs. 2,68,500/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N. C. Thomas
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reji Joseph
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Consent statement dated 31.03.2021, Office copy of lawyer notice dated 29.11.2021, Postal receipt, Unclaimed cover with A/d.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. M. Alias
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. V. Shiji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the amount due to the plaintiff.
Evidence:
The result of the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 2,68,500/- to the plaintiff firm along with 9% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realisation.
Documents & Evidence
Document Type:
Consent Statement
Submitted By:
Plaintiff
Relevance:
Acknowledges the defendant's liability and agreement to pay the balance amount.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Informs the defendant of the outstanding payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof regarding the sending of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Unclaimed cover with A/d
Submitted By:
Plaintiff
Relevance:
Indicates that the defendant did not accept the lawyer's notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
OS.
Case Code Year
2022