Case Summary
Supportsages Consultancy Services Pvt. Ltd. filed a restoration petition for a suit that was rejected due to non-payment of court fees. The defendant, Binu Varghese, contested the maintainability of the petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The petition for restoration of the suit was dismissed by the court based on issues of maintainability regarding the prior rejection for non-payment of balance court fees.
Key Reasoning:
The petition was found to be not maintainable as alternative remedies were available.
The petition was found to be not maintainable as alternative remedies were available.
Why Defendant Won:
The petition was found to be not maintainable as alternative remedies were available.
The petition was found to be not maintainable as alternative remedies were available.
Supporting Evidence
The court stated that the power under S. 151 of CPC cannot be applied by this court to restore the suit which is rejected for non-payment of balance court fee.
Judgment Evidence:
In the result, petition is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Supportsages Consultancy Services Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Binu Varghese
- Party Age
- 25
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rahul Kandampully
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raaga Ramalakshmi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vishal Ajayan V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Restoration of suit which was rejected for non payment of balance court fee.
Evidence:
this petition is not maintainable and has no merits. Hence, court is not inclined to allow this petition.
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
2021