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O.S. No. 470/2021

Case between Varghese P S vs Amala Jyothi regarding restoration of a dismissed suit.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Indu. P. Raj
Order Date
2025-10-31
Duration
approximately-2 years 6 months
Case Closed
Fri, 10/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The Review Petition is allowed, and the order dismissing the suit is set aside. The suit is restored to its original file.
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.
Losing Side's Weaknesses:
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.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sat, 04/03/2021 - 12:00
Case Closed
Fri, 10/31/2025 - 12:00
From
Fri, 08/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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