Case Summary
The plaintiff, Bijukumar R.K, is a Government servant who was included in a chitty without his consent and claims he never received any amount from it. The defendants, including the Branch Manager of KSFE, sought to recover amounts they argue are due from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize the cost of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff is not a member of the chitty and is not liable for the alleged dues. The plaintiff was awarded the costs of the suit.
Why Plaintiff Won:
The court found that there was no evidence of payment or membership in the chitty by the plaintiff.
The court found that there was no evidence of payment or membership in the chitty by the plaintiff.
Losing Side's Weaknesses:
The court found that there was no evidence of payment or membership in the chitty by the plaintiff.
The court found that there was no evidence of payment or membership in the chitty by the plaintiff.
Supporting Evidence
Hence, the appreciation of entire evidence would probabilise the case of the plaintiff and that he is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. It is hereby declared that the plaintiff is not at all a chittal (chitty member) in Chitty No.145/11, Chittal No.27 of KSFE Main branch, Thiruvananthapuram.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bijukumar R.K
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Branch Manager, KSFE Main Branch
- Party Role
- Defendant
- Party Name
- Special Deputy Thasildar (Revenue Recovery) KSFE
Plaintiffs Documents
Letters and documents related to the chitty and the claim made by the defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Robin Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.Benser
- Appearance Type
- Government Pleader
- Law Firm
- Additional Government pleader
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A decree declaring that the plaintiff is not a chittal in Chitty No.145/11.
Evidence:
It is hereby declared that the plaintiff is not at all a chittal (chitty member) in Chitty No.145/11, Chittal No.27 of KSFE Main branch, Thiruvananthapuram.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the cost of the suit from the defendants.
Evidence:
Let the plaintiff be entitled to realize the cost of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter was used to support the plaintiff's claim regarding the alleged amounts related to his chitty membership.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter was referenced in the context of evidence related to the chitty conducted by the Kerala State Financial Enterprises.
Reference:
Ext.A2
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
This document was cited as part of the plaintiff's evidence under the Right to Information Act.
Reference:
Ext.A3
Document Type:
Subscriber address Register
Submitted By:
Plaintiff
Relevance:
This register was mentioned to support the assertion regarding the plaintiff's enrollment status in the chitty.
Reference:
Ext.A4
Document Type:
Subscriber Ledger
Submitted By:
Plaintiff
Relevance:
This ledger was utilized to demonstrate that the plaintiff had not made any payments towards the chitty.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Bijukumar R.K vs Branch Manager, KSFE Main Branch regarding declaration and other consequential reliefs.
Case Code Year
Case between Bijukumar R.K vs Branch Manager, KSFE Main Branch regarding declaration and other consequential reliefs.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour