Case between Pachayi Pathumma vs Moideen Kutty regarding restoration petition

Case Summary

Pachayi Pathumma, aged 78, filed a restoration petition against Moideen Kutty in the Court of Munsiff Magistrate at Tirur, Malappuram on medical grounds. The court allowed the petition on payment of costs.

Judgment Outcome

Judgment Favored

Plaintiff

Relief Granted

Restoration of the suit

Case Type

Restoration Petition

Final Judgment

No

The court allowed the petition on payment of costs of Rs.3000. In case of default, the petition stands dismissed.

Why Plaintiff Won:
Reason not clearly mentioned

Losing Side's Weaknesses:
Reason not clearly mentioned

Supporting Evidence

Judgment Evidence:

The petition is filed on medical ground. But no documents produced. The respondent filed counter stating the same. Since the IA can be allowed on enumeration costs and for enabling the petitioner to conduct the suit. I am inclined to allow the petition on payment of costs of Rs.3000/- On default of payment on or before 8/6/17 the petition shall stands dismissed. Cost paid. Memo filed. Hence IA allowed. Suit is restored as per order in IA 263/17 listed to 18-8-2017

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Pachayi Pathumma
Party Age: 78

Party Role: Defendant
Party Name: Moideen Kutty
Party Age: 58

Plaintiffs Documents

No documents produced

Defendants Documents

No documents mentioned

Advocates

Reliefs

Relief Type: Restoration of the suit

Outcome: Granted

Description:

Restoration of the suit allowed on payment of costs

Evidence: