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RP 200/2023

Case between Rajan et al vs Alexander et al regarding restoration of plaint

Court
COURT OF THE ADDITIONAL MUNSIFF, KOLLAM.
Judge
Smt. Sofia.T.A
Order Date
2025-09-29
Duration
approximately-2 years 2 months 7 days
Case Code No.
200
Case Closed
Mon, 09/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court allowed the restoration petition and set aside the previous dismissal of the suit, ordering the plaintiff to pay costs.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Tue, 09/01/2020 - 12:00
Case Closed
Mon, 09/29/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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