Case Summary
Vikraman Pillai, the defendant, seeks to set aside an exparte decree issued against him in favor of his brother Vijayan Pillai, the plaintiff, concerning a disputed promissory note. The defendant claims he was unable to contest the decree due to health issues.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The applications IA 01/2024 and RP 132/2024 filed by Vikraman Pillai to set aside the exparte decree were dismissed by the court.
Key Reasoning:
Delay not adequately explained; no evidence was provided to justify the delay in filing the application.
Delay not adequately explained; no evidence was provided to justify the delay in filing the application.
Why Defendant Won:
Not available
Not available
Supporting Evidence
There is absolutely no materials before the Court to show that the petitioner was prevented from filing the petition to set aside the exparte decree in time.
Judgment Evidence:
In the result, IA 01/2024 and RP 132/2024 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayan Pillai
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vikraman Pillai
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Chirakkarathazham S.Suresh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petition for condoning the delay of 467 days in filing the petition to set aside the exparte decree.
Evidence:
Delay is not at all explained. Hence the petition for condoning the delay is only to be dismissed.
Relief Type:
Other
Outcome:
Rejected
Description:
Petition to set aside the exparte decree.
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2019