Case Summary
The plaintiff, P M John, claims repayment of a loan amounting to Rs. 5,21,192/- from the defendants, Renji Prasad and Dhanya Renji, who allegedly executed a promissory note. The defendants deny the transaction and contend that the suit is not maintainable.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to prove the execution of the promissory note and dismissed the suit with costs to the defendants.
Key Reasoning:
The plaintiff failed to satisfactorily prove the execution of the promissory note and other claims.
The plaintiff failed to satisfactorily prove the execution of the promissory note and other claims.
Why Defendant Won:
Not available
Not available
Supporting Evidence
In view of these circumstances, this Court is of the considered view that the plaintiff has failed to establish the execution of Ext.A1 promissory note, the advancement of the loan, or the liability of the defendants.
Judgment Evidence:
In the result, the suit fails. The suit is dismissed with costs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P M John
- Party Age
- 70
- Relation
- S/o Late P U Mathai
- Party Role
- Defendant
- Party Name
- Renji Prasad
- Party Age
- 42
- Relation
- S/o Prasad
- Party Role
- Defendant
- Party Name
- Dhanya Renji
- Party Age
- 40
- Relation
- W/o Renji
Plaintiffs Documents
Promissory note dated 27.10.2016, Statement of Account, Lawyer’s Notice, Postal Receipts, Acknowledgment Cards
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Clareness Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Roy Vanchipurackal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff claimed repayment of Rs. 5,21,192/- from the defendants.
Evidence:
The Court is of the considered view that the plaintiff has failed to establish the execution of Ext.A1 promissory note, the advancement of the loan, or the liability of the defendants.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The alleged promissory note executed by the defendants in favor of the plaintiff for the loan amount.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions related to the loan alleged by the plaintiff.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The legal notice sent by the plaintiff to the defendants regarding repayment.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the lawyer's notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer's notice by the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Recovery of money
Case Code
Case between P M John vs Renji Prasad et al regarding realization of money
Case Code Year
Case between P M John vs Renji Prasad et al regarding realization of money