Case Summary
Shaheer, the plaintiff, filed a petition to restore a suit dismissed for default due to non-appearance. The defendants, K.M.Basheer and Shaila, contested the petition claiming the plaintiff's actions were meant to pressure them into a settlement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit on condition of payment of costs.
Case Type
Restoration Petition
Final Judgment
No
Why Plaintiff Won:
The court took a liberal view due to the circumstances surrounding the non-appearance of the plaintiff.
The court took a liberal view due to the circumstances surrounding the non-appearance of the plaintiff.
Judgment Evidence:
In the result, the petition is allowed on condition of payment of cost of ₹3,000/- to the respondents.
Parties Involved
Plaintiffs
Shaheer (56 years years)
Kollakkal house, Fort Kochi village, Fort Kochi P.O, Kochin – 1
Defendants
K.M.Basheer (60 years years)
Kochu Kizhkkaithi khouse, Kanjirammattom P.O, Ernakulam district, Pin – 682 315
Shaila (53 years years)
Kochu Kizhakkaithi khouse, Kanjirammattom P.O, Ernakulam district, Pin – 682 315
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Restoration of the suit on condition of payment of costs.
Evidence:
the petition is allowed on condition of payment of cost of 3,000/- to the respondent.