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INTERLOCUTORY APPLICATION NO. 53 OF 2017

Case between Prajeesh and Ajeesh vs Chathencheri Beeran et al regarding exparte decree set aside

Court
Court of the Munsiff of Tirur
Judge
SMT. VINCY.T.V.
Order Date
2017-06-29
Duration
3 years
Case Closed
Thu, 06/29/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petition was filed by Prajeesh, the first defendant, seeking to set aside the exparte decree dated 27.08.2014 as he was abroad during the proceedings. The respondents opposed the application stating it was not maintainable.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the application to set aside the exparte decree on condition of payment of costs.
Judgment Favored
Plaintiff
Relief Granted
Setting aside the exparte decree
Case Type
Civil Procedure - Order IX Rule 13
Final Judgment
No
The court allowed the application to set aside the exparte decree on condition of payment of costs.
Why Plaintiff Won:
The petitioner provided sufficient cause for non-appearance before court due to being abroad, making the delay in filing the application justifiable.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The primary function of a court is to adjudicate the dispute between the parties and to advance substantial justice.

Judgment Evidence:

As stated above, there is a delay of 816 days in filing the petition to set aside ex-parte decree. Case of the petitioner is that the delay was due to non-availability of any information regarding the case.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Prajeesh
Party Age
37
Relation
S/o
Party Role
Defendant
Party Name
Chathencheri Beeran
Relation
S/o
Party Role
Defendant
Party Name
Fathima Shana
Party Age
2
Relation
Minor, Represented by father and next friend
Party Role
Defendant
Party Name
Renjisha
Relation
D/o
Party Role
Defendant
Party Name
Perumanna Klari Gramapachayath
Relation
Represented by its secretary
Plaintiffs Documents
IA 52/16 to condone the delay
Defendants Documents
Not mentioned

Advocates

Reliefs

Relief Type: Setting aside exparte decree
Outcome: Granted
Description:
Set aside the exparte decree dated 27.08.2014
Evidence:
The court allowed the application to set aside the exparte decree on condition of payment of costs.

Documents & Evidence

Case Classification

Case Type
Civil Procedure - Order IX Rule 13
Category
Case Restoration and Delays
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Prajeesh and Ajeesh vs Chathencheri Beeran et al regarding exparte decree set aside
Case Code Year
Case between Prajeesh and Ajeesh vs Chathencheri Beeran et al regarding exparte decree set aside

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 08/27/2013 - 12:00
Case Closed
Thu, 06/29/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
90%

Involved Entities

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