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O.S.No. 372/2019

Case between State Bank of India vs Raj R Nath regarding restoration of ex parte decree

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2025-12-18
Duration
5 years 11 months
Case Code No.
372
Case Closed
Thu, 12/18/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 11/16/2019 - 12:00
Case Closed
Thu, 12/18/2025 - 12:00
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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