Case Summary
The case involves State Bank Of India seeking the restoration of a suit dismissed for default. The defendant, Mr. Dileep Kumar T N, was set exparte as he did not appear.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to restore the suit was dismissed as it was deemed not maintainable by the court.
Key Reasoning:
The petition was found not maintainable based on established legal principles regarding the rejection of plaints.
The petition was found not maintainable based on established legal principles regarding the rejection of plaints.
Why Defendant Won:
The petition was found not maintainable based on established legal principles regarding the rejection of plaints.
The petition was found not maintainable based on established legal principles regarding the rejection of plaints.
Supporting Evidence
The power under S. 151 of CPC cannot be applied by this court to restore the suit which is rejected for non payment of balance court fee.
Judgment Evidence:
In the result, petition is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank Of India
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Dileep Kumar T N
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V K Hema
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arunima N R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gouri A H
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petition to restore the suit rejected under Order 7 Rule 11 for non-payment of balance court fee.
Evidence:
this petition is not maintainable and has no merits. Hence, court is not inclined to allow this petition.
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 court fee
Case Code
O.S.NO.
Case Code Year
2024