Case Summary
The petitioner, P J Jayaprakash, seeks the restoration of a suit that was dismissed due to non-appearance of his counsel. The defendant, Liju C Rajan, contests the petition, alleging lack of bona fides in the original suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of OS 483/2023
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition, setting aside the earlier dismissal of the suit and ordered it to be restored.
Why Plaintiff Won:
The petitioner showed sufficient cause for the non-appearance of his counsel, which was deemed plausible.
The petitioner showed sufficient cause for the non-appearance of his counsel, which was deemed plausible.
Losing Side's Weaknesses:
The petitioner showed sufficient cause for the non-appearance of his counsel, which was deemed plausible.
The petitioner showed sufficient cause for the non-appearance of his counsel, which was deemed plausible.
Supporting Evidence
The cause for non appearance, though opposed appears to be plausible and not entirely unreasonable. The absence of the counsel cannot be said to be wilful or deliberate on the part of the petitioner.
Judgment Evidence:
In the result, it is ordered as follows:- 1.The restoration petition is allowed. 2.The order dated 04.03.2024 dismissing OS 483/2023 for default is set aside. 3.OS 483/2023 is restored back to file and shall proceed in accordance with law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P J Jayaprakash
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Liju C Rajan
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anish Ramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prakash Pampady
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The restoration petition is allowed.
Evidence:
In the result, it is ordered as follows:- 1.The restoration petition is allowed.
Relief Type:
Other
Outcome:
Set Aside
Description:
The order dated 04.03.2024 dismissing OS 483/2023 for default is set aside.
Evidence:
2.The order dated 04.03.2024 dismissing OS 483/2023 for default is set aside.
Relief Type:
Other
Outcome:
Restored
Description:
OS 483/2023 is restored back to file and shall proceed in accordance with law.
Evidence:
3.OS 483/2023 is restored back to file and shall proceed in accordance with law.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner shall pay costs of Rs.1,000/- to the respondent as condition of restoration.
Evidence:
4.The petitioner shall pay costs of Rs.1,000/- to the respondent as condition of restoration.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between P J Jayaprakash vs Liju C Rajan regarding restoration of dismissed suit
Case Code Year
Case between P J Jayaprakash vs Liju C Rajan regarding restoration of dismissed suit