Case Summary
The case involves Raj R Nath, the defendant, who filed a restoration petition to set aside an ex parte decree passed in favor of the State Bank of India, the plaintiff. The defendant argues that his absence was due to job loss and health issues during the pandemic.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to set aside the ex parte decree was dismissed by the court. The court found that the reasons provided by the defendant for non-appearance were vague and unsubstantiated.
Key Reasoning:
The court determined that the reasons for the defendant's absence did not justify setting aside the ex parte decree.
The court determined that the reasons for the defendant's absence did not justify setting aside the ex parte decree.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court found that the reasons stated by the petitioner such as job loss, health issues, and family illness are vague, unsubstantiated, and unsupported by any documentary evidence.
Judgment Evidence:
The above petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of India
- Party Role
- Defendant
- Party Name
- Raj R Nath
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- A Cherian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Naveen Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smitha Kuriakose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petition to set aside ex parte decree
Evidence:
this petition has no merits and hence petition is dismissed
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2019