Case Summary
The case involves Union Bank of India as the plaintiff and Smt. Radha Joshy as the defendant. The plaintiff filed a petition to restore a suit that was dismissed for default due to non-representation on the part of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petitions filed by the plaintiff to restore the suit that was previously dismissed. The delay in filing the restoration petition was condoned.
Why Plaintiff Won:
The court found sufficient grounds to allow the petitions based on the reasons stated in the accompanying affidavit.
The court found sufficient grounds to allow the petitions based on the reasons stated in the accompanying affidavit.
Losing Side's Weaknesses:
The court found sufficient grounds to allow the petitions based on the reasons stated in the accompanying affidavit.
The court found sufficient grounds to allow the petitions based on the reasons stated in the accompanying affidavit.
Supporting Evidence
The delay that occasioned is not willful. The court is satisfied that there is sufficient ground for allowing the above petitions in the interest of justice.
Judgment Evidence:
In the result, IA 1/2023 in RP 35/2022 is allowed. Delay of 79 days condoned. RP 35/2022 is allowed. Order dated 01.11.2021 dismissing the suit for default is set aside. Suit restored to file.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Union Bank of India
- Party Role
- Defendant
- Party Name
- Smt. Radha Joshy
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.S. Sajeevkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jyothilakshmi.A.N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lakshmi.S.Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Delay of 79 days condoned.
Evidence:
IA 1/2023 in RP 35/2022 is allowed. Delay of 79 days condoned.
Relief Type:
Other
Outcome:
Granted
Description:
Order dated 01.11.2021 dismissing the suit for default is set aside.
Evidence:
RP 35/2022 is allowed. Order dated 01.11.2021 dismissing the suit for default is set aside.
Relief Type:
Other
Outcome:
Granted
Description:
Suit restored to file.
Evidence:
Suit restored to file.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2021