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O.S. No.70/2022

Case between Baboo K C vs C K Sibi et al regarding setting aside ex-parte order

Court
Munsiff Court
Judge
Smt. Needi.K.Dinamany
Order Date
2025-02-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 04/02/2022 - 12:00
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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