Case Summary
Sherin Neauman P.S is the plaintiff who lent ₹5,54,000 to Bijitha Johnson, the defendant, for personal needs. When the defendant's cheque for repayment was dishonored due to insufficient funds, the plaintiff pursued legal action to recover the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹7,47,000 with interest and costs
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, The suit is decreed directing the defendant to pay an amount of 7,47,000/- (Rupees Seven Lakhs Forty Seven Thousand Only) with 12% interest per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
Sherin Neauman P.S (42 years years)
Pottakkattil house, Chottanikkara P.O, Ernakulam District, Pin – 682 312
Defendants
Bijitha Johnson (28 years years)
Mariyalayam house, Vettickal P.O, Thuppampady, Mulanthuruthy village, Ernakulam District – 682 314
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover an amount of ₹7,47,000 along with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of 7,47,000/- (Rupees Seven Lakhs Forty Seven Thousand Only) with 12% interest per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Certified copy of the cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant for repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Certified copy of the dishonor memo
Submitted By:
Plaintiff
Relevance:
The memo confirmed that the cheque was dishonored due to insufficient funds.
Reference:
Ext.A2
Document Type:
Certified copy of the legal notice
Submitted By:
Plaintiff
Relevance:
The legal notice was sent to the defendant after the cheque was dishonored.
Reference:
Ext.A3
Document Type:
Certified copy of the postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Certified copy of the A/D card
Submitted By:
Plaintiff
Relevance:
The A/D card confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A5