Case Summary
This case involves a restoration petition filed by Shanto against Nishad Mathew concerning a counter claim related to a bill amount for materials purchased by Mathew's wife for her hotel. The counter claim was dismissed for default due to Shanto's absence, prompting the restoration petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to restore the counter claim was allowed, and the previous dismissal for default was set aside.
Why Plaintiff Won:
The court found sufficient grounds for allowing the petition due to reasons stated in the affidavit.
The court found sufficient grounds for allowing the petition due to reasons stated in the affidavit.
Losing Side's Weaknesses:
The court found sufficient grounds for allowing the petition due to reasons stated in the affidavit.
The court found sufficient grounds for allowing the petition due to reasons stated in the affidavit.
Supporting Evidence
On perusing records, this court is satisfied that the failure of counter claim plaintiff to adduce evidence on 03.09.2024 is due to the reasons stated in the accompanying affidavit and not due to the willful failure of counter claim plaintiff.
Judgment Evidence:
In the result, 1) The above petition is allowed. Order dated 03.09.2024 dismissing the above counter claim for default is set aside and Counter claim restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shanto
- Party Age
- 59
- Relation
- Proprietor
- Party Role
- Defendant
- Party Name
- Nishad Mathew
- Relation
- S/o K T Mathew
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Julian Xavier J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Restore the counter claim to file after setting aside the order dismissing it for default.
Evidence:
In light of the above discussion, this court is satisfied that the above petition is liable to be allowed.
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
O.S.NO.
Case Code Year
2019