Case Summary
The case involves the defendants seeking to set aside an ex-parte order issued against them. The plaintiffs opposed this request during the hearing.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Ex-parte order set aside upon payment of costs.
Case Type
Civil Suit
Final Judgment
No
The application by the defendants to set aside the ex-parte order was allowed, provided they pay costs to the plaintiffs.
Key Reasoning:
Procedural rules are intended to advance justice, and the defendants should be afforded an opportunity to contest the matter.
Procedural rules are intended to advance justice, and the defendants should be afforded an opportunity to contest the matter.
Why Defendant Won:
Procedural rules are intended to advance justice, and the defendants should be afforded an opportunity to contest the matter.
Procedural rules are intended to advance justice, and the defendants should be afforded an opportunity to contest the matter.
Supporting Evidence
It is settled that procedural rules are intended to advance justice and that parties should ordinarily be afforded an opportunity to contest the matter on merits.
Judgment Evidence:
IA No. 5 of 2025 is allowed, subject to payment of costs of 1,000/- (Rupees One Thousand only) by defendants 1 and 2 to the plaintiffs within seven days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas P.C
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- George Joseph
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Metropolitan Arch Bishop
- Party Role
- Defendant
- Party Name
- Mar Mathew Moolakkattu
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Agi Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anish Lukose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
IA No. 5 of 2025 is allowed, subject to payment of costs of 1,000/- by defendants 1 and 2 to the plaintiffs within seven days from today.
Evidence:
In the result, (I)IA No. 5 of 2025 is allowed, subject to payment of costs of 1,000/- (Rupees One Thousand only) by ₹ defendants 1 and 2 to the plaintiffs within seven days from today.
Relief Type:
Other
Outcome:
Granted
Description:
On payment of costs, the ex-parte order dated 18-08-2025 shall stand set aside.
Evidence:
(ii)On payment of costs, the ex-parte order dated 18-08-2025 shall stand set aside.
Relief Type:
Other
Outcome:
Granted
Description:
The written statement filed by the defendants at the time of hearing shall be received on file.
Evidence:
(iii)The written statement filed by the defendants at the time of hearing shall be received on file.
Relief Type:
Other
Outcome:
Not Decided
Description:
In default of payment of costs within the time stipulated, this application shall stand dismissed automatically, without further orders.
Evidence:
(iv)In default of payment of costs within the time stipulated, this application shall stand dismissed automatically, without further orders.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
O.S.
Case Code Year
2024