Case Summary
Petitioner, Saidalavi Thangal, filed an application to set aside an ex-parte decree dated 21.03.2018 in a compensation suit for malicious prosecution.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowance of petition on condition to pay cost of Rs.2,500/-
Case Type
Civil Suit - Compensation for Malicious Prosecution
Final Judgment
No
The court allowed the petition on condition that the petitioners pay a cost of Rs.2,500/- to the respondent by 4/7/2018, failing which the petition would stand dismissed.
Why Plaintiff Won:
The petitioner successfully argued that their non-appearance before the court was due to genuine health reasons and not willful laches.
The petitioner successfully argued that their non-appearance before the court was due to genuine health reasons and not willful laches.
Losing Side's Weaknesses:
The petitioner successfully argued that their non-appearance before the court was due to genuine health reasons and not willful laches.
The petitioner successfully argued that their non-appearance before the court was due to genuine health reasons and not willful laches.
Supporting Evidence
The petitioner's have got serious contentions in the case. The defendant was laid up due to back pain and knee pain, and he consulted a doctor and doctor suggested to take rest. So, the defendant could not appear before court on 17-03-2018. When the defendant enquired the matter with the counsel, he came to know that an exparte decree was passed against him on 21.03.2018. There was no willful laches on the part of the defendant for not appearing before court. Petitioners have got serious contentions in the case.
Judgment Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.2,500/- ( Rupees Two thousand and five hundred only) by the petitioners to the respondent on or before 4/7/2018. In default of payment of cost, the petition shall stand dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saidalavi Thangal
- Relation
- S/o Cherukoya Thangal
- Party Role
- Defendant
- Party Name
- Moideen Koya Haji
- Relation
- S/o Koyakkutty
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Nazir Ahammed
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Setting aside ex-parte decree
Outcome:
Granted
Description:
Setting aside the ex-parte decree dated 21.03.2018
Evidence:
In the result, the petition is allowed on condition to pay cost of Rs.2,500/- ( Rupees Two thousand and five hundred only) by the petitioners to the respondent on or before 4/7/2018. In default of payment of cost, the petition shall stand dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Compensation for Malicious Prosecution
Category
Compensation and Damages
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Saidalavi Thangal vs Moideen Koya Haji regarding compensation for malicious prosecution
Case Code Year
Case between Saidalavi Thangal vs Moideen Koya Haji regarding compensation for malicious prosecution