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O.S. 13/2017

Case between Sebastian K.G. et al vs Manju Joban et al regarding realization of money due to promissory note

Court
IN THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-03-29
Duration
approximately-7 years 4 months
Case Code No.
13
Case Closed
Sat, 03/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Sebastian K.G. and additional plaintiffs seeking recovery of Rs.3 Lakhs loaned to Joban Thomas, who has passed away. The defendants claim no knowledge of the loan or obligation to pay.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiffs failed to prove their claims regarding the loan and dismissed the suit, stating that it was barred under section 69(2) of the Indian Partnership Act.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs failed to prove their claims regarding the loan and dismissed the suit, stating that it was barred under section 69(2) of the Indian Partnership Act.
Key Reasoning:
Plaintiffs could not produce sufficient evidence to support their claim of loan and the legitimacy of their partnership.
Why Defendant Won:
Plaintiffs could not produce sufficient evidence to support their claim of loan and the legitimacy of their partnership.
Supporting Evidence
From the evidence available on record, it can be seen that plaintiffs failed to establish that defendants 1 to 3 succeeded any movable or immovable property of the deceased Joban Thomas.

Judgment Evidence:

Considering the nature of the suit, the parties are directed to bear their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sebastian K.G.
Party Age
44
Relation
S/o
Party Role
Plaintiff
Party Name
Eugine George
Party Age
43
Relation
S/o
Party Role
Plaintiff
Party Name
Sajan George
Party Age
46
Relation
S/o
Party Role
Plaintiff
Party Name
Thresiamma George
Party Age
75
Relation
D/o
Party Role
Defendant
Party Name
Manju Joban
Party Age
36
Relation
W/o
Party Role
Defendant
Party Name
Aiden Joban
Party Age
4
Relation
S/o
Party Role
Defendant
Party Name
Edwin Joban
Party Age
2
Relation
S/o
Plaintiffs Documents
True copy of family membership certificate, True copy of death certificate of Sebastian K.G., Cheque worth Rs.3 Lakhs in favour of Sebastian K.G. issued by Canara Bank, Cheque return memo of Canara Bank.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jolly James
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Kurian
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Rejected
Description:
Plaintiff sought recovery of Rs.3 Lakhs from the defendants.
Evidence:
From the above discussion, the court is of the view that plaintiff failed to prove the allegations and the case is to be dismissed.

Documents & Evidence

Document Type: Cheques
Submitted By: Plaintiff
Relevance:
Cheque worth Rs.3 Lakhs issued by Canara Bank to discharge liability.
Reference:
Ext.A3
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Cheque return memo from Canara Bank for dishonoured cheque.
Reference:
Ext.A4
Document Type: Family Membership Certificate
Submitted By: Plaintiff
Relevance:
Marked subject to proof; related to the legal heirs of the original plaintiff.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Marked subject to proof; relates to the death of original plaintiff.
Reference:
Ext.A2
Document Type: Policy Details
Submitted By: Unknown
Relevance:
Policy details related to insurance for deceased Joban.
Reference:
Ext.X1, Ext.X2, Ext.X3
Document Type: Rent Deed
Submitted By: Unknown
Relevance:
Rent deed executed by Joban Thomas.
Reference:
Ext.X4
Document Type: Receipt
Submitted By: Unknown
Relevance:
Receipt issued by Holy Family Church for security deposit.
Reference:
Ext.X5
Document Type: Receipt
Submitted By: Unknown
Relevance:
Receipt issued by Holy Family Church for security deposit.
Reference:
Ext.X6
Document Type: Passbook
Submitted By: Unknown
Relevance:
First page of passbook related to Holy Family Church.
Reference:
Ext.X7, Ext.X7(a)

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Recovery of money
Case Code
O.S.
Case Code Year
2017

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act

Quick Facts

Location
Kanjirappally Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Sun, 01/01/2017 - 12:00
Case Closed
Sat, 03/29/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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