O.S No.104/2013

Case between Pouly Xavier et al vs Annie Joseph et al regarding Restoration Petition

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K. Dinamany

Order Date

2024-11-28

Duration

approximately-5 years 23 days

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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

Plaintiff Won

Interim Order

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.

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

Why Plaintiff Won:
The court was satisfied that the petitioners provided sufficient grounds for the delay, including health issues and pandemic constraints.

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

Plaintiffs

Pouly Xavier (87 years) 81/34, South Sivan Kovil, Vadapalani, Chennai T X Glair Xavier (52 years) 81/34, South Sivan Kovil, Vadapalani, Chennai

Defendants

Annie Joseph (73 years) Thundiparambil House, Moolampilly, Kadamkudy Joseph (83 years) Thundiparambil House, Moolampilly, Kadamkudy Jiji (56 years) Thundiparambil House, Moolampilly, Kadamkudy Jili Joseph (61 years) Thundiparambil House, Moolampilly, Kadamkudy Siji (44 years) Thundiparambil House, Moolampilly, Kadamkudy

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