Case Summary
The plaintiff, A.S.Andrews, is seeking reimbursement for money deducted from his salary due to the default of the first defendant, K.Sivadasan, in repaying a chitty loan. The plaintiff alleges undue influence and breach of trust by the first defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant No 1 shall pay Rs. 2,23,438/- to the plaintiff with interest at 7% per annum from 28-7-2021 till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the first defendant, K.Sivadasan, must pay Rs. 2,23,438 to the plaintiff with applicable interest and court costs.
Why Plaintiff Won:
The evidence substantiated the plaintiff's claim of having suffered due to the default of the first defendant.
The evidence substantiated the plaintiff's claim of having suffered due to the default of the first defendant.
Losing Side's Weaknesses:
The evidence substantiated the plaintiff's claim of having suffered due to the default of the first defendant.
The evidence substantiated the plaintiff's claim of having suffered due to the default of the first defendant.
Supporting Evidence
The liability of surety is co-extensive with that of principal debtor unless the contract provides. The second defendant cannot be attached with any liability for proceeding against the plaintiff herein without proceeding against the first defendant.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1)The defendant No 1 shall pay Rs. 2,23,438/- to the plaintiff with interest at 7% per annum from 28-7-2021 till the date of decree and in case not paid, defendant shall also be liable for post decretal interest at 6% per annum till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.S.Andrews
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.Sivadasan
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Kerala State Financial Enterprises
- Relation
- Represented by
Plaintiffs Documents
Demand notice under section 7, Prohibitory order, Memo from Drawing Disbursing officer, Various letters and notices regarding recovery.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Sajan Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.R.K.Prathap
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Rahul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover an amount of ₹2,23,438 from the first defendant.
Evidence:
In the result, the suit is decreed as follows:- 1)The defendant No 1 shall pay Rs. 2,23,438/- to the plaintiff with interest at 7% per annum from 28-7-2021 till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff sought costs of the suit to be awarded.
Evidence:
Defendant No. 1 shall also pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This document was issued by the Special Deputy Tahsildar for revenue recovery, relevant to the plaintiff's claims regarding recovery proceedings.
Reference:
Ext.A1
Document Type:
Prohibitory order
Submitted By:
Plaintiff
Relevance:
This document relates to the prohibitory order against the plaintiff issued by the Special Deputy Tahasildar.
Reference:
Ext.A2
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
This memo was issued by the Drawing Disbursing officer and is part of the evidence regarding the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter from the Deputy Director, Engineering, provides context for the financial transactions and claims involved.
Reference:
Ext.A4
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
This document serves as further evidence linked to the revenue recovery proceedings.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is relevant to the proceedings and the claims made by the plaintiff.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is part of the documentation surrounding the financial claims and connect to the plaintiff's complaints.
Reference:
Ext.A7
Document Type:
Acknowledgment of amount
Submitted By:
Plaintiff
Relevance:
This acknowledgment is significant for the plaintiff's financial claims and provides evidence of payments.
Reference:
Ext.A8
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This demand notice is another document relating to the financial recovery pursued by the plaintiff.
Reference:
Ext.A9
Document Type:
Returned covers
Submitted By:
Plaintiff
Relevance:
This document serves as supplementary evidence in the claims made by the plaintiff.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between A.S.Andrews vs K.Sivadasan et al regarding Suit for realisation of money
Case Code Year
Case between A.S.Andrews vs K.Sivadasan et al regarding Suit for realisation of money