Case Summary
Suma Jayan @ Sumathi R has filed a suit against Kuriakose K Mani and Mariamma Kuriakose for the recovery of a loan amount of Rs. 75,000 which was not repaid. The defendants claim the suit is barred by limitation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff, ruling that it was barred by limitation and awarded costs to the defendants.
Key Reasoning:
The suit was barred by limitation as the cause of action arose in 2017 and the suit was filed beyond the allowed period.
The suit was barred by limitation as the cause of action arose in 2017 and the suit was filed beyond the allowed period.
Why Defendant Won:
The suit was barred by limitation as the cause of action arose in 2017 and the suit was filed beyond the allowed period.
The suit was barred by limitation as the cause of action arose in 2017 and the suit was filed beyond the allowed period.
Supporting Evidence
The court is satisfied that the suit is barred by limitation as the plaintiff filed the suit after the expiry of the three-year period.
Judgment Evidence:
In the result, 1) Suit is dismissed. 2) Defendant is entitled to realize the costs of the proceedings from plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suma Jayan @ Sumathi R
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kuriakose K Mani
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariamma Kuriakose
- Relation
- W/o
Plaintiffs Documents
Pass Book, Lawyer notice dated 28.05.2020, Acknowledgment Card, Copy of letter sent by plaintiff to defendant, Postal receipt, Certified copy of Sale deed.
Defendants Documents
WhatsApp chat alleged to be between plaintiff and DW1.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S Abubaker Kunju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Praveen K Joy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Unnikrishnan M P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of Rs. 70,000/- from the defendants.
Evidence:
Accordingly, I find that the above suit is barred by limitation.
Documents & Evidence
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's bank account with the Federal Bank.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice demanding repayment of the loan.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt acknowledgment from the defendant.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of communication sent by the plaintiff to the defendant regarding repayment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the postal dispatch of the letter to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
A second acknowledgment card received from the defendant.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed relevant to the property in question.
Reference:
Ext.A7
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement indicating the cheque amount's withdrawal from the plaintiff's account.
Reference:
Ext.A9
Document Type:
Communication
Submitted By:
Defendant
Relevance:
Text message between the defendant and plaintiff indicating communication over the payment issue.
Reference:
Ext.B1
Document Type:
Account Statement
Submitted By:
Court
Relevance:
Account statement of the defendant's son relevant to the case.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Suma Jayan @ Sumathi R vs Kuriakose K Mani et al regarding realization of money
Case Code Year
Case between Suma Jayan @ Sumathi R vs Kuriakose K Mani et al regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt