Case Summary
This case involves petitioners Pouly Xavier and T X Glair Xavier seeking to restore a suit that was dismissed for default. The delay in proceeding with the case was attributed to health issues and the COVID-19 pandemic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Delay of 1133 days in filing above petition is condoned and the suit restored.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to condone the delay and restored the suit that had been dismissed for default. The court found sufficient grounds to allow the petitioner to contest the case on its merits.
Why Plaintiff Won:
The court was satisfied that the petitioners provided sufficient grounds for the delay, including health issues and pandemic constraints.
The court was satisfied that the petitioners provided sufficient grounds for the delay, including health issues and pandemic constraints.
Losing Side's Weaknesses:
The court was satisfied that the petitioners provided sufficient grounds for the delay, including health issues and pandemic constraints.
The court was satisfied that the petitioners provided sufficient grounds for the delay, including health issues and pandemic constraints.
Supporting Evidence
The court is satisfied from the evidence adduced and the reasons stated in the affidavit that the cause shown is sufficient to condone the delay.
Judgment Evidence:
In the result, IA 1/2022 is allowed. Delay of 1133 days in filing above petition is condoned. The above petition is allowed upon costs of Rs.3000/-. Order dated 05.10.2019 dismissing the above suit for default is set aside and suit restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pouly Xavier
- Party Age
- 87
- Relation
- W/o Late Xavier
- Party Role
- Plaintiff
- Party Name
- T X Glair Xavier
- Party Age
- 52
- Relation
- S/o Late Xavier
- Party Role
- Defendant
- Party Name
- Annie Joseph
- Party Age
- 73
- Relation
- W/o Joseph
- Party Role
- Defendant
- Party Name
- Joseph
- Party Age
- 83
- Relation
- S/o Thundiparambil Ouseph
- Party Role
- Defendant
- Party Name
- Jiji
- Party Age
- 56
- Relation
- W/o Johny
- Party Role
- Defendant
- Party Name
- Jili Joseph
- Party Age
- 61
- Relation
- S/o Late Joseph
- Party Role
- Defendant
- Party Name
- Siji
- Party Age
- 44
- Relation
- W/o Prince
Plaintiffs Documents
Medical Certificate issued from Arjun Nursing Home, Chennai.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A T Anil Kumar( Anil Mamala)
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abraham M I
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dinesh R shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anjali N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Condonation of delay in filing the restoration petition and restoration of the suit.
Evidence:
IA 1/2022 is allowed. Delay of 1133 days in filing above petition is condoned. The above petition is allowed upon costs of Rs.3000/-. Order dated 05.10.2019 dismissing the above suit for default is set aside and suit restored to file.
Documents & Evidence
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
This document provided evidence of the petitioner's health issues which contributed to the delay in their court appearance.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Pouly Xavier et al vs Annie Joseph et al regarding Restoration Petition
Case Code Year
Case between Pouly Xavier et al vs Annie Joseph et al regarding Restoration Petition