Case Summary
The plaintiff, Philomina V.V., is seeking to recover Rs. 8,00,000 from the defendant, K.K Navas, who failed to repay a loan. The defendant did not respond to the suit or appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to recover Rs 8,00,000 together with interest at the rate of 6% per annum from the date of suit till entire realization
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing her to recover Rs. 8,00,000 along with interest from the defendant. The defendant was absent throughout the proceedings.
Why Plaintiff Won:
The plaint averments stand proved based on unrebutted evidence.
The plaint averments stand proved based on unrebutted evidence.
Losing Side's Weaknesses:
The plaint averments stand proved based on unrebutted evidence.
The plaint averments stand proved based on unrebutted evidence.
Supporting Evidence
From the unrebutted evidence of PW1 and from documents the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff is allowed to recover Rs 8,00,000 together with interest at the rate of 6% per annum from the date of suit till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Philomina V.V.
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.K Navas
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No. 094054, Copy of cheque return memo, Office copy of the lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Renjith.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anju Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs 8,00,000 along with interest from the defendant.
Evidence:
The plaintiff is allowed to recover Rs 8,00,000 (Rupees Eight lakhs only) together with interest at the rate of 6% per annum from the date of suit till entire realization in full from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The document is a cheque bearing No. 094054 which was issued for the amount claimed.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document is a copy of the cheque return memo showing that the cheque was returned with the endorsement 'account blocked'.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of the lawyer's notice sent to the defendant requesting payment.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Philomina V.V. vs K.K Navas regarding realisation of money
Case Code Year
Case between Philomina V.V. vs K.K Navas regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour