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
The petition to restore the suit was allowed on the condition that the plaintiff pays ₹3,000 to the respondents as compensation for the inconvenience caused. Failure to pay will result in the petition being dismissed.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
However considering the fact that the said occurred not due to a mistake on the part of the petitioner and for the fact that the petitioner should not be punished for a mistake not of his own, this court is inclined to take a liberal view.
Judgment Evidence:
In the result, the petition is allowed on condition of payment of cost of ₹3,000/- to the respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaheer
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.M.Basheer
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaila
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.V.Vibin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S.Sajeev Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bismi T.A
- Appearance Type
- Assisting Counsel
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.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shaheer vs K.M.Basheer et al regarding restoration of suit
Case Code Year
Case between Shaheer vs K.M.Basheer et al regarding restoration of suit