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RPIA.40/2024 IN CS 485/2021

Case between Sri. T.K. Suraj vs The Manager regarding setting aside exparte decree

Court
Commercial Court III Additional Sub Judge
Judge
Sri. Sidhik. K
Order Date
2025-07-28
Duration
approximately-2 years 4 months
Case Closed
Mon, 07/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Sri. T.K. Suraj, the petitioner and defendant, is seeking to set aside an exparte decree due to illness. The plaintiff, Punjab National Bank, has countered that the defendant's claims are unsubstantiated.

Judgment Outcome

Defendant Won
Interim Order
The petition to set aside the exparte decree was dismissed. The court found no sufficient grounds to support the defendant's claims of illness.
Judgment Favored
Defendant
Relief Granted
Case Type
RPIA
Final Judgment
No
The petition to set aside the exparte decree was dismissed. The court found no sufficient grounds to support the defendant's claims of illness.
Key Reasoning:
The court found no credible evidence or medical documents to support the defendant's absence due to illness.
Why Defendant Won:
The court found no credible evidence or medical documents to support the defendant's absence due to illness.
Supporting Evidence
In the absence of production of such material documents, it cannot be believed that the petitioner was laid up for 3 months as alleged in the petition due to viral fever or diabetic related diseases.

Judgment Evidence:

Accordingly this point is answered against the petitioner. Thus the petition is liable to be dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Manager
Party Role
Defendant
Party Name
Sri. T.K. Suraj
Party Age
35
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri.Sreejith Cherote
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. K. Narayanan Kutty
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Request to set aside the exparte decree.
Evidence:
The effect is that there are no sufficient grounds to set aside the exparte decree passed on 05.07.2024 against the defendants.

Documents & Evidence

Document Type: Documents
Submitted By: Plaintiff
Relevance:
Marked documents from the side of plaintiff during evidence.
Reference:
Exts.A1 to A10

Case Classification

Case Type
RPIA
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Case Code
Case between Sri. T.K. Suraj vs The Manager regarding setting aside exparte decree
Case Code Year
Case between Sri. T.K. Suraj vs The Manager regarding setting aside exparte decree

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Fri, 03/03/2023 - 12:00
Case Closed
Mon, 07/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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