Case Summary
Sukumaran is the plaintiff who is seeking to recover ₹.40,450/- from defendant Suneesh based on a promissory note. The case involves the failure of the defendant to repay a loan given by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise the plaint claim of Rs.40,450/- and also to realise 9% interest on the principal amount of Rs.30,000/- from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the claimed amount along with interest.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence establishing the defendant's liability.
The plaintiff provided unrebutted evidence establishing the defendant's liability.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence establishing the defendant's liability.
The plaintiff provided unrebutted evidence establishing the defendant's liability.
Supporting Evidence
From the unrebutted evidence, I am satisfied that plaintiff is entitled to get a decree permitting him to realise the plaint amount from the defendant.
Judgment Evidence:
In the result, suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.40,450/- and also to realise 9% interest on the principal amount of Rs.30,000/- from the date of the suit ie, 23.05.2024 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sukumaran
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suneesh
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note dated 21.08.2022, Office copy of Lawyer’s notice dated 30.03.2024, Lawyer’s notice returned unclaimed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal Jose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realise the plaint claim of Rs.40,450/- along with interest.
Evidence:
The plaintiff is allowed to realise the plaint claim of Rs.40,450/- and also to realise 9% interest on the principal amount of Rs.30,000/- from the defendant from the date of the suit ie, 23.05.2024 till realisation.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Original promissory note executed and issued by the defendant for the amount of ₹.30,000/-.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of registered lawyer’s notice issued to the defendant demanding repayment.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice returned unclaimed, evidencing the defendant's failure to acknowledge.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Sukumaran vs Suneesh regarding realisation of money based on promissory note
Case Code Year
Case between Sukumaran vs Suneesh regarding realisation of money based on promissory note