Case Summary
Laika U, the petitioner and original defendant, filed a restoration petition against an exparte decree passed in favor of Shobana M.S, the plaintiff, in a monetary suit. The petitioner claims there was a delay in filing the petition due to lack of communication with her lawyer.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petitions filed by Laika U were dismissed with costs to the respondent Shobana M.S, as the court found no sufficient cause for the delay in filing.
Key Reasoning:
Delay in filing was due to negligence and lack of sufficient cause.
Delay in filing was due to negligence and lack of sufficient cause.
Why Defendant Won:
Delay in filing was due to negligence and lack of sufficient cause.
Delay in filing was due to negligence and lack of sufficient cause.
Supporting Evidence
The petitioner failed to prove sufficient cause to condone the delay. Based on the above dictum, it is clear case of negligence and inaction on the part of the petitioner.
Judgment Evidence:
In the result, these petitions are dismissed with costs to the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shobana M.S
- Relation
- W/o.Manmadhan
- Party Role
- Defendant
- Party Name
- Laika U
- Relation
- W/o.Subair Kutty
Plaintiffs Documents
Notification No.1/2024 issued by Bar Counsel of Kerala, Judgment of Hon’ble Highcourt of Kerala vide OP(C) No.281 of 2022
Defendants Documents
Copy of affidavit in OS 702/2021
Advocates
- Party Role
- Defendant
- Advocate Name
- SOORAJ R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petitioner sought to set aside the ex-parte decree and condone the delay in filing.
Evidence:
the petition filed only for the purpose of drag the execution proceeding. So, I am not inclined to allow the petition.
Documents & Evidence
Document Type:
Notification
Submitted By:
Defendant
Relevance:
This document notifies about the suspension of Advocate Sri. Sajju Kiran by the Bar Council of Kerala.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
This judgment from the Hon’ble High Court of Kerala is referenced but deemed not directly applicable to the current case.
Reference:
Ext.A2
Document Type:
Affidavit Copy
Submitted By:
Plaintiff
Relevance:
This affidavit relates to the original suit OS 702/2021.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2021