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RP 211/2023 in OS 284/2022

Case between Anilkumar vs Sasidharan Pillai regarding setting aside exparte decree

Court
COURT OF THE ADDITIONAL MUNSIFF
Judge
Smt. Sofia.T.A
Order Date
2025-09-26
Duration
approximately-1 year 11 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Sasidharan Pillai, seeks to set aside an exparte decree from the original suit where Anilkumar was the plaintiff seeking the realization of money. Sasidharan claims he was unable to contest the suit due to the death of his previous advocate.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to set aside the exparte decree dated 03/11/2023 and imposed a cost on the petitioner to be paid to the respondent.
Judgment Favored
Plaintiff
Relief Granted
Exparte decree set aside with a cost of Rs. 500/- imposed on the petitioner.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to set aside the exparte decree dated 03/11/2023 and imposed a cost on the petitioner to be paid to the respondent.
Why Plaintiff Won:
Due to the circumstances beyond the petitioner's control, the exparte decree was deemed inappropriate.
Losing Side's Weaknesses:
Due to the circumstances beyond the petitioner's control, the exparte decree was deemed inappropriate.
Supporting Evidence
It is true that inconvenience has been caused to the plaintiff due to the action of the defendant. However, the inconvenience can be remedied by imposing costs.

Judgment Evidence:

Hence, this petition is allowed, and the exparte decree dated 03/11/2023 is set aside in view of the power vested in this court under Order 9 Rule 13 CPC on the condition that the petitioner shall pay a cost of Rs. 500/- to the respondent on or before 27/09/2025.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Anilkumar
Party Age
41
Relation
S/o
Party Role
Defendant
Party Name
Sasidharan Pillai
Party Age
59
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
D. Baiju Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
D.B Ajayan
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petition to set aside the exparte decree dated 03/11/2023 is allowed.
Evidence:
Hence, this petition is allowed, and the exparte decree dated 03/11/2023 is set aside in view of the power vested in this court under Order 9 Rule 13 CPC on the condition that the petitioner shall pay a cost of Rs. 500/- to the respondent on or before 27/09/2025.

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
Case between Anilkumar vs Sasidharan Pillai regarding setting aside exparte decree
Case Code Year
Case between Anilkumar vs Sasidharan Pillai regarding setting aside exparte decree

Quick Facts

Location
KOLLAM
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Thu, 11/03/2022 - 12:00
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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