Case Summary
Lathika Kumari alias Kumari Lathika filed a suit against Thyagarajan.P for recovery of a loan amount of Rs.5,00,000/- that was not repaid. The defendant failed to appear in court, and the plaintiff's claims were supported by evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹5,00,000/- with interest at the rate of 8% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a decree for the recovery of Rs.5,00,000/- with interest. The defendant was ordered to pay the costs of the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and sufficient to prove the debt owed by the defendant.
The evidence presented by the plaintiff was unchallenged and sufficient to prove the debt owed by the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of ₹5,00,000/- with interest at the rate of 8% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realisation of the suit from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lathika Kumari alias Kumari Lathika
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thyagarajan.P
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Promissory note dated 28/01/2019, Cheque No.022061 dated 30/05/2020, Original of agreement dated 27/01/2020, Return memo report dated 07/08/2020, Lawyer’s notice dated 04/09/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. D. Arun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Abhijith.D.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. L.Sandhya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹5,00,000/- with interest.
Evidence:
The plaintiff is entitled for a decree for realization of ₹5,00,000/- from the defendant as prayed for.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay costs of the suit to the plaintiff.
Evidence:
The defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant undertaking to repay the amount on demand.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant for the amount claimed.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Document outlining the agreement between the plaintiff and the defendant.
Reference:
Ext.A3
Document Type:
Return Memo Report
Submitted By:
Plaintiff
Relevance:
Document evidencing the failed delivery of legal notice.
Reference:
Ext.A4
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant demanding repayment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of the legal notice by the defendant.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Defendant's reply to the legal notice, which admitted liability.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Lathika Kumari alias Kumari Lathika vs Thyagarajan.P regarding recovery of money.
Case Code Year
Case between Lathika Kumari alias Kumari Lathika vs Thyagarajan.P regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act