Case Summary
This case involves a restoration petition filed by the plaintiffs after their original suit was dismissed for default. The plaintiffs contend that their counsel was present but failed to represent them, causing them irreparable loss.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit, with costs of Rs.1000/- imposed on the plaintiffs.
Case Type
Restoration Petition
Final Judgment
No
The court allowed the restoration petition, setting aside the dismissal order. The plaintiffs must pay costs to the defendants.
Why Plaintiff Won:
The court found that sufficient grounds were presented for restoring the case, despite the prior dismissal.
The court found that sufficient grounds were presented for restoring the case, despite the prior dismissal.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the facts and circumstances of the case there is one opportunity is given to the petitioner to contest the case on merit. For the interest of justice, I am inclined to allow the petition.
Judgment Evidence:
Hence, this petition is allowed, and the dismissal order dated 12/08/2025 is set aside in view of the power vested in this court under Sec.151 of the CPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sindhu
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Bindhu
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Harsha Kumar
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Navab
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- KRISHNAPRIYA. G.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.Shyama Prasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed, setting aside the dismissal order dated 12/08/2025, with costs imposed.
Evidence:
Hence, this petition is allowed, and the dismissal order dated 12/08/2025 is set aside in view of the power vested in this court under Sec.151 of the CPC on the condition that the petitioners shall pay a cost of Rs.1000/- to the respondent on or before 25/11/2025.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sindhu et al vs Harsha Kumar et al regarding restoration of suit.
Case Code Year
Case between Sindhu et al vs Harsha Kumar et al regarding restoration of suit.