Case Summary
The case involves T.Unnikrishna Pillai as the defendant and Sajeev as the plaintiff. The defendant filed applications to set aside an exparte decree issued for the realization of money.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both IA 01/2023 and RP 132/2023 due to insufficient reasons for the delay in filing to set aside the exparte decree.
Key Reasoning:
The petition to condone the delay was dismissed due to lack of sufficient explanation for the 769-day delay.
The petition to condone the delay was dismissed due to lack of sufficient explanation for the 769-day delay.
Why Defendant Won:
The petition to condone the delay was dismissed due to lack of sufficient explanation for the 769-day delay.
The petition to condone the delay was dismissed due to lack of sufficient explanation for the 769-day delay.
Supporting Evidence
There is absolutely no materials before the Court to show that the petitioner was prevented from filing the petition to set aside the exparte decree in time.
Judgment Evidence:
In the result, IA 01/2023 and RP 132/2023 are dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev
- Party Role
- Defendant
- Party Name
- T.Unnikrishna Pillai
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- V.Vraj Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.Kesavakurup
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petition to condone the delay of 769 days in filing application to set aside exparte decree
Evidence:
Delay is not at all explained. Hence the petition for condoning the delay is only to be dismissed.
Relief Type:
Other
Outcome:
Rejected
Description:
Petition to set aside the exparte decree dated 13/08/2021
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2016