Case Summary
Rancy Augustine has filed a suit against R.J Antony for the recovery of a borrowed sum which includes principal and interest. The defendant failed to appear or defend the case, leading to a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹9,48,430/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of Rancy Augustine, ordering R.J Antony to pay the total amount due along with interest.
Why Plaintiff Won:
The plaintiff's case was proven through uncontested evidence as the defendant failed to appear.
The plaintiff's case was proven through uncontested evidence as the defendant failed to appear.
Losing Side's Weaknesses:
The plaintiff's case was proven through uncontested evidence as the defendant failed to appear.
The plaintiff's case was proven through uncontested evidence as the defendant failed to appear.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹9,48,430/- (Rupees nine lakh forty eight thousand four hundred and thirty only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rancy Augustine
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- R.J Antony
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Promissory Note documents A1 to A4, Office copy of Legal Notice, Postal Receipt, Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Baby Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Baby Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹9,48,430/- from the defendant.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of ₹9,48,430/- (Rupees nine lakh forty eight thousand four hundred and thirty only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
These documents were used as evidence to support the plaintiff's claim of money lent to the defendant.
Reference:
Ext.A1 to A4
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document was used to indicate that a legal notice was served regarding the loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document was used to verify the sending of the legal notice.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirmed the receipt of the legal notice by the defendant.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The plaintiff's oral testimony was taken into account in the absence of the defendant.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Rancy Augustine vs R.J Antony regarding realisation of money
Case Code Year
Case between Rancy Augustine vs R.J Antony regarding realisation of money