Case Summary
The petitioner Varghese P S seeks a review of the order that dismissed his suit due to non-remittance of court fees. He claims this was due to medical issues that prevented him from complying with court requirements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Suit restored to original file, subject to payment of balance court fee within 15 days.
Case Type
Restoration Petition
Final Judgment
No
The Review Petition is allowed, and the order dismissing the suit is set aside. The suit is restored to its original file.
Why Plaintiff Won:
The petitioner demonstrated sufficient cause for the delay in payment of the court fee due to medical issues.
The petitioner demonstrated sufficient cause for the delay in payment of the court fee due to medical issues.
Losing Side's Weaknesses:
The petitioner demonstrated sufficient cause for the delay in payment of the court fee due to medical issues.
The petitioner demonstrated sufficient cause for the delay in payment of the court fee due to medical issues.
Supporting Evidence
The petitioner has demonstrated sufficient cause for non-payment of the balance court fee within time. The situation being beyond his control, and the default being neither intentional nor wanton, this Court is satisfied that interference is necessary to prevent miscarriage of justice.
Judgment Evidence:
In the result, the Review Petition is allowed. The order dated 03.04.2023 dismissing the suit for non-payment of balance court fee is hereby set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varghese P S
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amala Jyothi
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Bino I Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sankar Ram M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Review of the order dismissing the suit for non-payment of balance court fee
Evidence:
In the result, the Review Petition is allowed. The order dated 03.04.2023 dismissing the suit for non-payment of balance court fee is hereby set aside.
Relief Type:
Other
Outcome:
Granted
Description:
Restoration of the suit to its original file
Evidence:
The suit is restored to its original file, subject to the condition that the petitioner shall remit the balance court fee within fifteen (15) days from the date of this order.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of court fee
Case Code
Case between Varghese P S vs Amala Jyothi regarding restoration of a dismissed suit.
Case Code Year
Case between Varghese P S vs Amala Jyothi regarding restoration of a dismissed suit.