Case between Parameswaran Nair et al vs State of Kerala et al regarding restoration of suit

Case Summary

The petitioners, including Parameswaran Nair's family, are seeking to restore a suit dismissed for lack of affidavit. The defendants, including the State of Kerala and local officials, argue the petition is not maintainable.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the restoration petition and set aside the previous dismissal order. A cost of Rs.1000 must be paid to the respondents.

Judgment Favored

Plaintiff

Relief Granted

Restoration of suit

Case Type

Restoration Petition

Final Judgment

No

The court allowed the restoration petition and set aside the previous dismissal order. A cost of Rs.1000 must be paid to the respondents.

Why Plaintiff Won:
The petitioners did not cause delay in filing the restoration petition, and the dismissal was remediable by imposing costs.

Losing Side's Weaknesses:
The petitioners did not cause delay in filing the restoration petition, and the dismissal was remediable by imposing costs.

Supporting Evidence

On the perusal of records it is seen that the suit was dismissed on 24/05/2025 and the restoration petition is filed on 12/06/2025. There is no delay occurred for filing the restoration petition.

Judgment Evidence:

Hence, this petition is allowed, and the order of dismissal of the suit dated 24/05/2025 is set aside in view of the power vested in this court under Order 9 Rule 9 CPC on the condition that the petitioner shall pay a cost of Rs.1000/- to the respondent on or before 24/09/2025.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Radhamma
Party Age: 72
Relation: W/o

Party Role: Plaintiff
Party Name: Shylajakumari
Party Age: 51
Relation: D/o

Party Role: Plaintiff
Party Name: Satheesh Kumar
Party Age: 49
Relation: S/o

Party Role: Plaintiff
Party Name: Shylendra Kumar
Party Age: 46
Relation: S/o

Party Role: Defendant
Party Name: State of Kerala
Relation: Represented by

Party Role: Defendant
Party Name: The Deputy Tahsildar, Taluk Office, Kollam

Party Role: Defendant
Party Name: The Village Officer, Sakthikulangara Village Office

Party Role: Defendant
Party Name: The Taluk Surveyor, Taluk Office, Kollam

Party Role: Defendant
Party Name: Sarasamma
Relation: W/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Ramesh Kumar R
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Granted

Description:

Restoration of the suit and setting aside the dismissal order dated 24/05/2025.

Evidence: