Case Summary
The case involves Softtouch Readymade, Clothing Pvt. Ltd as the plaintiff and Mar Sleeva Textile represented by Jaimon Jacob as the defendant. The defendant seeks to set aside an ex-parte decree issued against them due to non-appearance in court.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Setting aside the ex-parte decree on payment of costs of Rs.2,000/- to plaintiff
Case Type
Restoration Petition
Final Judgment
No
The court allowed the defendant's restoration petition and condoned the delay in filing the petition to set aside the ex-parte decree. The ex-parte decree was set aside on the condition that the defendant pays costs to the plaintiff.
Key Reasoning:
The court found sufficient grounds for the defendant to contest the suit.
The court found sufficient grounds for the defendant to contest the suit.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Considering the facts and circumstances of the case, this court is satisfied that defendant has to be given an opportunity to contest the suit on merits.
Judgment Evidence:
In the result, petitions are allowed. 1)IA.1/2023 is allowed. Delay of 352 days in filing R.P.149/2023 is condoned. 2) R.P. 149/2023 is allowed on payment of cost of Rs.2,000/- to plaintiff within 15 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Softtouch Readymade, Clothing Pvt. Ltd
- Party Role
- Defendant
- Party Name
- Mar Sleeva Textile
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Jaimon Jacob
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Adv. No Vakkalath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Jerie Ramesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Delay of 352 days in filing R.P.149/2023 is condoned.
Evidence:
IA.1/2023 is allowed. Delay of 352 days in filing R.P.149/2023 is condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Exparte decree dated 27.08.2022 is set aside on payment of costs.
Evidence:
R.P. 149/2023 is allowed on payment of cost of Rs.2,000/- to plaintiff within 15 days.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
O.S.NO.
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour