Case Summary
PREFire Solutions filed a review petition after their plaint was rejected for non-payment of balance court fee. The court allowed the review petition, stating that the failure to remit the fee was not willful and restored the suit for consideration on merits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
The court allowed the review petition and restored the original suit, which had been dismissed due to non-payment of the court fee.
Why Plaintiff Won:
The court found sufficient grounds for allowing the petition based on the reasons stated in the accompanying affidavit.
The court found sufficient grounds for allowing the petition based on the reasons stated in the accompanying affidavit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that the failure to remit balance court fee on 09.06.2022 is due to the reasons stated in the accompanying affidavit and not due to the willful failure of plaintiff.
Judgment Evidence:
In the result, 1) Petition is allowed. Order dated 09.06.2022 rejecting plaint is reviewed. Suit restored to file. 2) No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- PREFire Solutions
- Party Role
- Defendant
- Party Name
- Ernakulam Tourist Bungalow
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Deepak Sathyapalan
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bhuvaneswai Sathyapalan
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Radha Devadas
- Party Role
- Defendant
- Party Name
- KGBEES Hotel Private Ltd.
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.A. Chacko
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu. G. Nadh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Megha. K. Xavier
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.M. Charisma
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petition is allowed. Order dated 09.06.2022 rejecting plaint is reviewed. Suit restored to file.
Evidence:
In the result, 1) Petition is allowed. Order dated 09.06.2022 rejecting plaint is reviewed. Suit restored to file.
Documents & Evidence
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between PREFire Solutions vs Ernakulam Tourist Bungalow et al regarding review of order rejecting plaint.
Case Code Year
Case between PREFire Solutions vs Ernakulam Tourist Bungalow et al regarding review of order rejecting plaint.