Case Summary
The plaintiff, Naseema, claims that the defendant, Sajana, borrowed Rs. 6,50,000 and failed to repay it despite agreements. The defendant denies the loan and the existence of a promissory note.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 6,50,000 with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant shall pay Rs. 6,50,000 along with interest at 6% per annum to the plaintiff. The defendant's assets shall be liable to satisfy the decree.
Why Plaintiff Won:
The execution of the promissory note was proved by the plaintiff's witnesses.
The execution of the promissory note was proved by the plaintiff's witnesses.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the evidence adduced, court is satisfied that the plaintiff has proved his case. The execution of Ext A1 is proved by virtue of evidence of PW1 and PW2.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs. 6,50,000/- along with interest @ 6% from the date of suit till the payment or realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Naseema
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajana
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Original Promissory note, Office copy of Lawyer notice, Postal receipt
Defendants Documents
Original Passport of the Defendant, Original identity card issued by Kalamassery Service Co-operative Bank Ltd.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aleena Maria Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ardra Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B N Shivashanker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tinu T Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Archana Haridas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 6,50,000/- along with interest.
Evidence:
Defendant shall pay Rs.6,50,000/-(Rupees Six lakhs fifty thousand rupees only) along with interest @ 6% from the date of suit till the payment or realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant as a confirmation of the loan repayment obligation.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Demanding repayment of the loan amount along with interest.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A3
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Used to demonstrate that the signature on the promissory note is not that of the defendant.
Reference:
Ext.B1
Document Type:
Identity Card
Submitted By:
Defendant
Relevance:
Also used to establish that the signature on the promissory note differs from the defendant's.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Naseema vs Sajana regarding realization of money
Case Code Year
Case between Naseema vs Sajana regarding realization of money