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
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.
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.
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