Case Summary
The plaintiffs, T.Selvaraj and Sreekala Unni, filed a review petition against the defendants M.K.Ayyappan and Lalu, seeking to set aside a prior order that rejected their suit for non-payment of court fees. They claimed the original order was passed without giving them a chance to be heard, impacting their rights.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Review Petition
Final Judgment
No
The court dismissed the review petition filed by the plaintiffs, stating that there was no error apparent on the face of the record to warrant a review of the prior order. The plaintiffs were repeatedly given opportunities to comply with court fee requirements but failed to do so.
Key Reasoning:
The rejection of the plaint was based on the plaintiffs' failure to comply with statutory requirements regarding court fees.
The rejection of the plaint was based on the plaintiffs' failure to comply with statutory requirements regarding court fees.
Why Defendant Won:
The rejection of the plaint was based on the plaintiffs' failure to comply with statutory requirements regarding court fees.
The rejection of the plaint was based on the plaintiffs' failure to comply with statutory requirements regarding court fees.
Supporting Evidence
The record itself shows that the plaintiffs were given repeated opportunities and wilfully defaulted.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.Selvaraj
- Party Age
- 33
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sreekala Unni
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.K.Ayyappan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lalu
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Balaprasannan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.P.Ramnath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The plaintiffs sought review of the order dated 27/06/2024 and restoration of the suit.
Evidence:
This court finds no reason to review the order dated 27.06.2024. The petition is dismissed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The plaintiffs sought to set aside the fabricated registered Settlement Deed No. 3687/D/2014.
Reference:
null
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
The plaintiffs sought to set aside the registered Gift Deed No. 471/1979.
Reference:
null
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between T.Selvaraj et al vs M.K.Ayyappan et al regarding review of order rejecting plaint.
Case Code Year
Case between T.Selvaraj et al vs M.K.Ayyappan et al regarding review of order rejecting plaint.