Case Summary
Sahala Jalal filed a suit against Jinson M.D for the recovery of ₹5,00,000/- based on a breached agreement. The defendant failed to appear in court, leading to a default judgment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹5,00,000/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to repay ₹5,00,000/- along with interest. The defendant was absent during the proceedings.
Why Plaintiff Won:
The uncontested evidence of the plaintiff proved the case against the defendant.
The uncontested evidence of the plaintiff proved the case against the defendant.
Losing Side's Weaknesses:
The uncontested evidence of the plaintiff proved the case against the defendant.
The uncontested evidence of the plaintiff proved the case against the defendant.
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 ₹5,00,000/- (Rupees five lakhs 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
- Sahala Jalal
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jinson M.D
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Agreement, Office copy of the Lawyer Notice, Postal Receipt, Postal Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. K Nasseer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.K Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Asif Ali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- No Vakalath (Ex parte)
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹5,00,000/- along with interest from the defendant.
Evidence:
I am of the opinion that the defendant owe a total amount of ₹5,00,000/- to the plaintiff.
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:
Agreement
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence to establish the agreement between the plaintiff and defendant regarding the loan amount.
Reference:
Ext.A1
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the notice issued to the defendant regarding the repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document was indicative of the postage sent to the defendant for the notice concerning repayment.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document supported the claim that the defendant received the notice regarding the payment.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Sahala Jalal vs Jinson M.D regarding realisation of money
Case Code Year
Case between Sahala Jalal vs Jinson M.D regarding realisation of money