Case Summary
The plaintiff, Gopakumar, filed a suit against the defendant, Uma Maheswari, for the recovery of money borrowed. The defendant failed to repay the borrowed amount of Rs. 2,00,000/- despite executing a promissory note and receiving a legal notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs. 2,12,000/- with interest at the rate of 6% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to realise a total amount of Rs. 2,12,000/- from the defendant.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The evidence clearly established that the defendant is indebted to the plaintiff. From the evidence of PW1 and Exts.A1 to A4 documents, it shows that the plaintiff is entitled to realise an amount of Rs. 2,12,000/- (Rupees Two Lakhs Twelve Thousand only) from the defendant and her assets.
Judgment Evidence:
In the result, the suit is decreed as follows:- Plaintiff is entitled to realise an amount of Rs.2,12,000/- (Rupees Two Lakhs Twelve Thousand only) together with interest at the rate of 6% per annum from the date of suit till the realisation, from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gopakumar
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Uma Maheswari
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Promissory note (Ext.A1), Notice (Ext.A2), Postal receipt (Ext.A3), Returned cover (Ext.A4)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kishore. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. N. Haskar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.2,12,000/- including interest and costs.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,12,000/- (Rupees Two Lakhs Twelve Thousand only) together with interest at the rate of 6% per annum from the date of suit till the realisation, from the defendant and her assets, with costs.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The defendant executed and handed over Ext.A1, promissory note in favour of the plaintiff and promising to repay the said amount on demand.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff issued Ext.A2 notice to the defendant demanding the said amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the postal receipt related to the demand notice.
Reference:
Ext.A3
Document Type:
Returned Cover and Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the returned envelope related to the notice sent to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Gopakumar vs Uma Maheswari regarding realisation of money.
Case Code Year
Case between Gopakumar vs Uma Maheswari regarding realisation of money.