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
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.
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
Plaintiffs
Softtouch Readymade, Clothing Pvt. Ltd (Age not specified years)
Door. No. 32/1757-A, Nethaji Road, Padivattom, Edappally, Kochi-682024
Defendants
Mar Sleeva Textile (53 years)
Kuruppunthara Junction, Kottayam-686603
Mr. Jaimon Jacob (53 years)
Kulangara House, Kanjirathanam P.O., Kottayam-686603
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.