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
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.
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.
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