Case Summary
The plaintiff, Viji.K.Pillai, seeks to recover a loan of ₹6,00,000 from the defendants, Merlin Justin and Antony Justin, who failed to repay despite multiple demands. The defendants deny receiving any loan and have contested the claims made by the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for realization of money, as the plaintiff failed to prove the execution of the promissory note and the alleged transaction.
Key Reasoning:
The plaintiff failed to provide satisfactory proof of the loan and execution of the promissory note.
The plaintiff failed to provide satisfactory proof of the loan and execution of the promissory note.
Why Defendant Won:
The plaintiff failed to provide satisfactory proof of the loan and execution of the promissory note.
The plaintiff failed to provide satisfactory proof of the loan and execution of the promissory note.
Supporting Evidence
The plaintiff has failed to establish the execution of the alleged promissory note and the alleged transaction. Therefore, the claim based on Exhibit A1 and Exhibit A2 is liable to be rejected.
Judgment Evidence:
In the result, the suit is dismissed with costs of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Viji.K.Pillai
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Merlin Justin
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Antony Justin
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Promissory Note executed on 06-04-2019, another Promissory Note dated 07-04-2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Panambil S.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover Rs. 4,40,000 from the defendants.
Evidence:
Thus, the claim based on Exhibit A1 and Exhibit A2 is liable to be rejected.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the first defendant in favor of the plaintiff, acknowledging the receipt of the loan amount and agreeing to repay it.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document details additional receipts received by the first defendant from the plaintiff on different dates.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of Loan
Case Code
Case between Viji.K.Pillai vs Merlin Justin, Antony Justin regarding realization of money.
Case Code Year
Case between Viji.K.Pillai vs Merlin Justin, Antony Justin regarding realization of money.