Case Summary
The petition was filed by Prajeesh, the first defendant, seeking to set aside the exparte decree dated 27.08.2014 as he was abroad during the proceedings. The respondents opposed the application stating it was not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside the exparte decree
Case Type
Civil Procedure - Order IX Rule 13
Final Judgment
No
The court allowed the application to set aside the exparte decree on condition of payment of costs.
Why Plaintiff Won:
The petitioner provided sufficient cause for non-appearance before court due to being abroad, making the delay in filing the application justifiable.
The petitioner provided sufficient cause for non-appearance before court due to being abroad, making the delay in filing the application justifiable.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The primary function of a court is to adjudicate the dispute between the parties and to advance substantial justice.
Judgment Evidence:
As stated above, there is a delay of 816 days in filing the petition to set aside ex-parte decree. Case of the petitioner is that the delay was due to non-availability of any information regarding the case.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prajeesh
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chathencheri Beeran
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fathima Shana
- Party Age
- 2
- Relation
- Minor, Represented by father and next friend
- Party Role
- Defendant
- Party Name
- Renjisha
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Perumanna Klari Gramapachayath
- Relation
- Represented by its secretary
Plaintiffs Documents
IA 52/16 to condone the delay
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Setting aside exparte decree
Outcome:
Granted
Description:
Set aside the exparte decree dated 27.08.2014
Evidence:
The court allowed the application to set aside the exparte decree on condition of payment of costs.
Documents & Evidence
Case Classification
Case Type
Civil Procedure - Order IX Rule 13
Category
Case Restoration and Delays
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Prajeesh and Ajeesh vs Chathencheri Beeran et al regarding exparte decree set aside
Case Code Year
Case between Prajeesh and Ajeesh vs Chathencheri Beeran et al regarding exparte decree set aside