Case Summary
This case involves a plaintiff who loaned money to the defendant, who failed to repay as promised. Plaintiff sued for recovery of the loan.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, and the defendant was directed to return the document produced by the plaintiff.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Judgment Evidence:
Plaintiffs' Exhibits: A1 21.06.2016 Promissory Note A2 17.04.1989 Pattayam bearing No.PF 19/89 A3 18.03.2013 Death certificate issued by Poothrikka Grama Panchayat. A4 12.02.2018 Relationship certificate
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sudharmma A.M
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Latha K.B
- Party Age
- 44
Plaintiffs Documents
Promissory Note dated 21.06.2016, Pattayam bearing No.PF 19/89, Death certificate issued by Poothrikka Grama Panchayat, Relationship certificate dated 12.02.2018
Defendants Documents
Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Recovery of Rs.3,50,000 from defendant
Evidence:
Defendant's version deemed more plausible due to lack of evidence on plaintiff's side
Relief Type:
Possession
Outcome:
Partly Granted
Description:
Claim for possession of Ext. A2 allowed
Evidence:
No order as to costs - plaintiff directed to return pattayam bearing No. PF 19/89 (Ext A2) to defendant
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Plaintiff relied on it to support the claim, but signature not belonging to defendant discredited the claim.
Reference:
Ext.A1
Document Type:
Pattayam
Submitted By:
Plaintiff
Relevance:
Plaintiff claimed it as security for debt, but not regarded as such without a written agreement.
Reference:
Ext.A2 to Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Not mentioned
Reference:
Document Type:
Relationship Certificate
Submitted By:
Plaintiff
Relevance:
Handed over by defendant as part of assurance
Reference:
Ext.A4
Document Type:
FSL Examination Report
Submitted By:
Plaintiff
Relevance:
Used to disprove plaintiff's claim on signature authenticity
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Recovery of Money
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Sudharmma A.M vs Latha K.B regarding money realization
Case Code Year
Case between Sudharmma A.M vs Latha K.B regarding money realization