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CS 9/2023

Case between Lilly Thomas vs John Alexander et al regarding Restoration Petition.

Court
Commercial Court
Judge
Smt.Rajasree Rajgopal
Order Date
2025-11-29
Duration
approximately-10 months 19 days
Case Code No.
9
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Lilly Thomas, the petitioner, is seeking to restore a previously dismissed suit against John Alexander and others due to the absence of representation caused by health issues. The case involves a delay in filing a restoration petition.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the restoration petition on the grounds of genuine circumstances leading to the delay and ordered the restoration of the suit. The petition was previously dismissed for non-appearance.
Judgment Favored
Plaintiff
Relief Granted
Restoration of C.S. No.09/2023 to file.
Case Type
Civil Suit
Final Judgment
No
The court allowed the restoration petition on the grounds of genuine circumstances leading to the delay and ordered the restoration of the suit. The petition was previously dismissed for non-appearance.
Why Plaintiff Won:
The explanation for the delay was considered bona fide and justifiable.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The explanation offered, though brief, appears to be bonafide and sufficient to constitute 'sufficient cause' under Section 5 of the Limitation Act.

Judgment Evidence:

In the result, I.A. to condone the delay of 44 days is allowed, on payment of cost of 5000/- to the respondents within 15 days. Restoration Petition No.2/2025 is allowed. The order dated 10.01.2025 dismissing C.S. No.09/2023 for default is set aside. C.S No.09/2023 is restored to file.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Lilly Thomas
Party Age
56
Relation
Represented by
Party Role
Defendant
Party Name
John Alexander
Relation
S/o
Party Role
Defendant
Party Name
Pradeep Kumar
Relation
S/o
Party Role
Defendant
Party Name
Kochuparambil Ouseph Shaji
Relation
S/o
Party Role
Plaintiff
Party Name
Roby N Thomas
Party Age
31
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv. Jacob P.T
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. John Mathew Therezhath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. Francis Jacob K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. Baby Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
I.A. to condone the delay of 44 days is allowed
Evidence:
The delay involved is only 44 days. It is well-settled that while considering an application for condonation of delay in moving a petition for restoration of a suit dismissed for default, a liberal approach is warranted.
Relief Type: Other
Outcome: Granted
Description:
Restoration Petition No.2/2025 is allowed
Evidence:
I am satisfied that a case is made out for restoration.
Relief Type: Other
Outcome: Set Aside
Description:
The order dated 10.01.2025 dismissing C.S. No.09/2023 for default is set aside
Evidence:
The circumstances explained in the affidavit appear genuine.
Relief Type: Other
Outcome: Granted
Description:
C.S No.09/2023 is restored to file
Evidence:
I am satisfied that a case is made out for restoration.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Common Reasons
Delay in filing
Case Code
CS
Case Code Year
2023

Quick Facts

Location
Pala
District
Kottayam
State
Kerala
Court Establishment
Commercial Court, Pala
Case Filed
Tue, 01/10/2023 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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