Case Summary
Petitioner filed for restoration of a dismissed suit for money realization citing inability to appear in court due to job-related travel.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of the suit on condition of paying cost
Case Type
Civil Procedure - Order IX Rule 13 for restoration
Final Judgment
No
The petition was allowed on the condition that the petitioner pays a cost of Rs. 6,000 to the respondent by a specified date.
Why Plaintiff Won:
Petitioner provided valid reasons and evidence for non-appearance, justifying the setting aside of the ex-parte decree.
Petitioner provided valid reasons and evidence for non-appearance, justifying the setting aside of the ex-parte decree.
Losing Side's Weaknesses:
Petitioner provided valid reasons and evidence for non-appearance, justifying the setting aside of the ex-parte decree.
Petitioner provided valid reasons and evidence for non-appearance, justifying the setting aside of the ex-parte decree.
Supporting Evidence
The petitioner was residing at Trichur and had to go to Trivandrum in connection with his job, justifying his non-appearance before the court.
Judgment Evidence:
The petition was allowed on condition to pay cost of Rs.6,000 by the petitioner to respondent by a specific date. In default of payment of cost, the petition shall stand dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.P. Shaiju
- Party Role
- Defendant
- Party Name
- P.P. Vasudevan
- Party Age
- 35
- Relation
- S/o. Govindan
Plaintiffs Documents
Unknown
Defendants Documents
Unknown
Advocates
Reliefs
Relief Type:
Restoration of suit
Outcome:
Granted
Description:
Restoration of the suit on condition of paying cost of Rs.6,000 to the respondent
Evidence:
The petition was allowed on condition to pay cost of Rs.6,000 by the petitioner to respondent by a specific date. In default of payment of cost, the petition shall stand dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Procedure - Order IX Rule 13 for restoration
Category
Case Restoration and Delays
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between T.P. Shaiju vs P.P. Vasudevan regarding restoration of dismissed suit for money realization
Case Code Year
Case between T.P. Shaiju vs P.P. Vasudevan regarding restoration of dismissed suit for money realization