Case Summary
The plaintiffs, N Rajesh and N Ajayakumar, filed a review petition against the rejection of their plaint for non-payment of court fees. The court allowed the review petition and restored the suit to file, finding sufficient grounds for the plaintiffs to contest the case on its merits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit and costs of Rs.1000/-
Case Type
Review Petition
Final Judgment
No
The court allowed the review petition filed by the plaintiffs and restored their suit, which had been rejected earlier due to non-payment of court fees. The court found the reasons for the previous rejection unconvincing and ruled that justice necessitated allowing the case to move forward.
Why Plaintiff Won:
The plaintiffs had paid the balance court fee and presented reasonable grounds for the delay in payment.
The plaintiffs had paid the balance court fee and presented reasonable grounds for the delay in payment.
Losing Side's Weaknesses:
The plaintiffs had paid the balance court fee and presented reasonable grounds for the delay in payment.
The plaintiffs had paid the balance court fee and presented reasonable grounds for the delay in payment.
Supporting Evidence
The petitioner has already paid the balance court fee along with this review petition and the reasons stated in the petition are found to be reasonable.
Judgment Evidence:
The above petition is allowed with costs of Rs.1000/-. Order dated 01.12.2023 rejecting the above suit for non payment of balance court fee is reviewed and the suit is restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N Rajesh
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- N Ajayakumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shamsu
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Balance court fee receipt dated 11.01.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C S Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C A Anupaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T B Sivaprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C Y Vijaykumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alint Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dinesh R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soumya T S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Restoration of the suit which was rejected for non payment of balance court fee
Evidence:
The above petition is allowed with costs of Rs.1000/-. Order dated 01.12.2023 rejecting the above suit for non payment of balance court fee is reviewed and the suit is restored to file.
Documents & Evidence
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between N Rajesh et al vs Shamsu regarding review of rejection of plaint
Case Code Year
Case between N Rajesh et al vs Shamsu regarding review of rejection of plaint