Case Summary
P. U. Ziyad, an advocate, filed a suit against Sunilkumar N.G., also an advocate, for the recovery of Rs. 60,000/- which he had lent to the defendant. The plaintiff alleged that the defendant failed to repay the money despite multiple assurances.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 60,000/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 60,000/- with interest. The court found that the plaintiff had sufficiently proven the money owed.
Why Plaintiff Won:
The court found the evidence provided by the plaintiff credible and determined the preponderance of probabilities favored the plaintiff's claims.
The court found the evidence provided by the plaintiff credible and determined the preponderance of probabilities favored the plaintiff's claims.
Losing Side's Weaknesses:
The court found the evidence provided by the plaintiff credible and determined the preponderance of probabilities favored the plaintiff's claims.
The court found the evidence provided by the plaintiff credible and determined the preponderance of probabilities favored the plaintiff's claims.
Supporting Evidence
The plaintiff had mounted the box and had given evidence in tune with the plaint averments. It is argued by the plaintiff that the defendant had not denied the transaction as between the parties, in the written statement, and that he had only denied the quantum of the money involved.
Judgment Evidence:
In the result, the suit is decreed as follows: a) The defendant is directed to pay to the plaintiff, an amount of 60,000/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realization from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. U.Ziyad
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunilkumar N.G.
- Party Age
- 57
Plaintiffs Documents
Passbook bearing Account Number 50100000537442 issued by HDFC Bank Ltd., Certified copy of Order in I.A No. 1/2024 in D.C. No. 2/2024 of Bar Council of Kerala, Ernakulam.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K Harish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chithra R. Shenoy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay the plaintiff an amount of Rs. 60,000/- with interest.
Evidence:
I am of the opinion that it has been established by the plaintiff that the defendant owes him 60,000/- and that the same is not returned back.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Proves the bank transfer of Rs. 60,000/- from the plaintiff to the defendant.
Reference:
Ext A1
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Document related to an order concerning the defendant.
Reference:
Ext A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Loan Repayment
Case Code
Case between P. U.Ziyad vs Sunilkumar N.G. regarding money transaction
Case Code Year
Case between P. U.Ziyad vs Sunilkumar N.G. regarding money transaction