O.S. No. 601 /20 23

Case between Rixon Sebastian vs Preetha Chandran regarding Restoration Petition

Court

Munsiff Court, Ernakulam

Judge

Sri. Nanda Krishna M

Order Date

2025-03-04

Duration

approximately-2 years

Case Closed

Judgement document from eCourt website

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Case Summary

Rixon Sebastian filed a restoration petition for his original suit which was dismissed for nonpayment of court fees. The court found the petition not maintainable and subsequently dismissed it.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Case Type

Restoration Petition

Final Judgment

The court dismissed the restoration petition as not maintainable.

Key Reasoning:
The petition for restoration was found to be not maintainable as the original suit was rejected for nonpayment of court fees.

Why Defendant Won:
The petition for restoration was found to be not maintainable as the original suit was rejected for nonpayment of court fees.

Supporting Evidence

The remedy restoration of suit under Order 9 Rule 9 is only available when the suit was dismissed under the provision of Order 9 of code of Civil Procedure.

Judgment Evidence:

Thus, this petition for restoration is found to be not maintainable and hence dismissed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Rixon Sebastian
Party Age: 39
Relation: S/o

Party Role: Defendant
Party Name: Preetha Chandran
Party Age: 41
Relation: D/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Asok Chacko Thomas
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Niyas P P
Appearance Type: Main Counsel

Reliefs

Relief Type: Other

Outcome: Rejected

Description:

Petition for restoration of the suit rejected due to non-maintainability.

Evidence: