Case Summary
The petitioner, Padmakumari, filed a petition to restore a suit after her earlier dismissal for default. The court found insufficient justification for her delay in filing.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The applications for condonation of delay and restoration of the suit were dismissed.
Key Reasoning:
The petitioner failed to provide evidence for her absence and the delay was deemed inexcusable.
The petitioner failed to provide evidence for her absence and the delay was deemed inexcusable.
Why Defendant Won:
The petitioner failed to provide evidence for her absence and the delay was deemed inexcusable.
The petitioner failed to provide evidence for her absence and the delay was deemed inexcusable.
Supporting Evidence
There is no even a scrap of paper produced by the petitioner to show that she was actually prevented from attending the court.
Judgment Evidence:
In the result, IA 01/2024 and RP 269/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padmakumari
- Party Age
- 62
- Party Role
- Defendant
- Party Name
- Vijayamma
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Sindhu Rani
- Party Age
- 35
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A.Khader
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Application for condonation of delay in filing RP 269/2024 and restoring the suit.
Evidence:
Consequently, the application for condonation of delay is devoid of merit.
Relief Type:
Other
Outcome:
Refused
Description:
Restoration of the suit on file.
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2017