Case Summary
The case involves a petition filed by the plaintiffs to restore a suit that was dismissed for default. The plaintiffs contend that the delay in filing was due to medical issues faced by the second plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit with a cost of Rs. 1000/-
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition and set aside the previous dismissal of the suit, ordering the plaintiff to pay costs.
Why Plaintiff Won:
The second plaintiff provided sufficient cause for the delay due to medical issues.
The second plaintiff provided sufficient cause for the delay due to medical issues.
Losing Side's Weaknesses:
The second plaintiff provided sufficient cause for the delay due to medical issues.
The second plaintiff provided sufficient cause for the delay due to medical issues.
Supporting Evidence
The delay is properly explained. Hence, I have carefully perused the application. This application is filed on 25/11/2023 Hence, it cannot be said that there is much delay in filing this application.
Judgment Evidence:
Hence, this petitions are allowed, and the order of dismissal of the suit dated 22/07/2023 is set aside in view of the power vested in this court under Order 9 Rule 9 CPC on the condition that the petitioner shall pay a cost of Rs. 1000/- to the respondent on or before 27/09/2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajan
- Relation
- Husband
- Party Role
- Plaintiff
- Party Name
- Syamala
- Party Age
- 61
- Relation
- W/o Rajan
- Party Role
- Defendant
- Party Name
- Alexander
- Party Age
- 59
- Party Role
- Defendant
- Party Name
- Sheela Alexander
- Party Age
- 52
- Party Role
- Defendant
- Party Name
- Monachan
- Party Age
- 58
Plaintiffs Documents
Death Certificate, Medical Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K.Prakash Sathyanathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.R.Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Restoration of suit
Outcome:
Granted
Description:
Restoration of the plaint which was dismissed for default.
Evidence:
Hence, this petitions are allowed, and the order of dismissal of the suit dated 22/07/2023 is set aside.
Relief Type:
Costs
Outcome:
Granted
Description:
Imposition of costs on the petitioner.
Evidence:
The petitioner shall pay a cost of Rs. 1000/- to the respondent on or before 27/09/2025.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Produced to demonstrate the death of the first plaintiff.
Reference:
Ext.A1
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
Produced to explain the delay in filing the application due to medical treatment.
Reference:
Ext.A2
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
RP
Case Code Year
2023