Case Summary
Sivadasan Pillai, the plaintiff, filed a petition to restore a suit that was dismissed for default due to his absence caused by illness. The defendants are Pushpakumari and Anil Kumar, who did not file any objection.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petitions for condonation of delay and restoration of the suit due to lack of evidence to substantiate the claims made by the petitioner.
Key Reasoning:
No evidence either oral or documentary was produced by the petitioner/plaintiff to substantiate his claim.
No evidence either oral or documentary was produced by the petitioner/plaintiff to substantiate his claim.
Why Defendant Won:
No evidence either oral or documentary was produced by the petitioner/plaintiff to substantiate his claim.
No evidence either oral or documentary was produced by the petitioner/plaintiff to substantiate his claim.
Supporting Evidence
There is absolutely no materials before the Court to show that the petitioner was prevented from filing a petition to restore the suit within the time prescribed.
Judgment Evidence:
In the result, IA 01/2024 and RP 181/2024 are dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivadasan Pillai
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pushpakumari
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Gopakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Condonation of delay in filing RP 181/2024.
Evidence:
The delay of 897 days is not at all explained.
Relief Type:
Other
Outcome:
Refused
Description:
Restoration of the suit on file.
Evidence:
In view of my findings on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sivadasan Pillai vs Pushpakumari, Anil Kumar regarding restoration of suit
Case Code Year
Case between Sivadasan Pillai vs Pushpakumari, Anil Kumar regarding restoration of suit