Case Summary
The plaintiff, Sivadas.N.Nair, is seeking repayment of Rs.6,73,874 from the defendant, Maniamma Vijayan, who borrowed the money in 2017. The defendant has not repaid the loan despite the plaintiff's requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to recover Rs.6,73,874 along with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the amount along with interest and costs.
Why Plaintiff Won:
The evidence presented established the transaction and indebtedness.
The evidence presented established the transaction and indebtedness.
Losing Side's Weaknesses:
The evidence presented established the transaction and indebtedness.
The evidence presented established the transaction and indebtedness.
Supporting Evidence
These evidence are remained unchallenged. Issue No.1 is answered in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows. A) The plaintiff is allowed to recover Rs.6,73,874 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivadas.N.Nair
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maniamma Vijayan
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Ext.A1 account statement from Punjab National Bank, Kakkanad from 24.04.2017 to 07.11.2017, Ext.A2 letter issued by the Branch Manager, Punjab National Bank, Kakkanad Branch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. P.M Haris
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.A Rasheed
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. M.Vivek
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs.6,73,874 along with interest.
Evidence:
The plaintiff is allowed to recover Rs.6,73,874/(Rupees Six lakhs Seventy Three thousand Eight hundred and Seventy Four only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter issued by the Branch Manager, Punjab National Bank, was used to support the plaintiff's claim regarding the loan transaction.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Court
Relevance:
Certificate produced by the Branch Manager of Punjab National Bank that verifies the transfer of funds.
Reference:
Ext.X1
Document Type:
Customer account ledger report
Submitted By:
Court
Relevance:
Shows the customer account transactions of the plaintiff which support the loan claim.
Reference:
Ext.X2
Document Type:
Statement of Account
Submitted By:
Court
Relevance:
This document provides details regarding the account of the defendant, specifically the deposit of the loan amount.
Reference:
Ext.X4
Document Type:
Application Form for Fund Transfer
Submitted By:
Court
Relevance:
Photocopy of the application form for fund transfer that demonstrates the funds were indeed transferred to the defendant.
Reference:
Ext.X5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Sivadas.N.Nair vs Maniamma Vijayan regarding realisation of money
Case Code Year
Case between Sivadas.N.Nair vs Maniamma Vijayan regarding realisation of money