Case Summary
The case involves Baboo K C as the plaintiff and C K Sibi and Eva Sibi as defendants. The defendants are seeking to set aside an ex-parte order dated 21.06.2022 due to issues with their previous legal representation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The ex-parte order dated 21.06.2022 is set aside.
Case Type
Civil Suit
Final Judgment
No
The petition to set aside the ex-parte order was allowed, enabling the defendants to contest the suit. The court ordered the defendants to pay costs to the plaintiff.
Key Reasoning:
The court found that the defendants had a valid reason for their previous non-representation due to their counsel's illness.
The court found that the defendants had a valid reason for their previous non-representation due to their counsel's illness.
Why Defendant Won:
The court found that the defendants had a valid reason for their previous non-representation due to their counsel's illness.
The court found that the defendants had a valid reason for their previous non-representation due to their counsel's illness.
Supporting Evidence
The petition does not contain the name of advocate is not a reason to dismiss the petition. From the reason stated in the accompanying affidavit, this court is satisfied that the above petition is liable to be allowed for the proper and effective adjudication of justice.
Judgment Evidence:
In the result, 1) Petition is allowed. Order dated 21.06.2022 setting petitioners ex-parte is set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baboo K C
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C K Sibi
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eva Sibi
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Mathew Skaria
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Tomy Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- o V Maniprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- S Shivashankar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners allowed to contest the case on merits by setting aside the ex-parte order.
Evidence:
In the interest of justice it is expedient to allow the petition and to permit the petitioner to contest the case on merits.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners directed to pay costs to the plaintiff.
Evidence:
Petitioners shall pay costs of Rs.3,000/- to plaintiff within 14 days.
Documents & Evidence
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 Baboo K C vs C K Sibi et al regarding setting aside ex-parte order
Case Code Year
Case between Baboo K C vs C K Sibi et al regarding setting aside ex-parte order