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Restoration Petition. 23/2024 in OS 574/2020

Case between Sunimol Biju et al vs John P J et al regarding restoration of suit dismissed for default.

Court
Addl.Munsiff's Court, Kottayam
Judge
Smt. Indu P Raj.
Order Date
2025-07-30
Duration
approximately-1 year 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Sunimol Biju and Biju Kuruvilla, filed a petition to restore a suit that was dismissed for default due to their counsel's illness. The respondents objected, claiming that the petition was not maintainable and that restoration was unnecessary.

Judgment Outcome

Plaintiff Won
Interim Order
The petition to restore the suit was granted by the court.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition to restore the suit was granted by the court.
Why Plaintiff Won:
The court determined that the plaintiffs should be given an opportunity to contest the case and prove their case.
Losing Side's Weaknesses:
The court determined that the plaintiffs should be given an opportunity to contest the case and prove their case.
Supporting Evidence
The plaintiffs must be given an opportunity to contest the case and prove his case. That opportunity should not be denied to him.

Judgment Evidence:

In the result, the petition is allowed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sunimol Biju
Relation
W/o
Party Role
Plaintiff
Party Name
Biju Kuruvilla
Relation
S/o
Party Role
Defendant
Party Name
John P J
Party Role
Defendant
Party Name
Biju Philipose @ Biju Thindiyathil
Party Role
Defendant
Party Name
Sunilkumar P S
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Anishkumar K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P T Johnson
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petition to restore the suit was allowed.
Evidence:
In the result, the petition is allowed.

Documents & Evidence

Case Classification

Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Sunimol Biju et al vs John P J et al regarding restoration of suit dismissed for default.
Case Code Year
Case between Sunimol Biju et al vs John P J et al regarding restoration of suit dismissed for default.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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