Case Summary
The plaintiff, Viji.K.Pillai, filed a suit against the defendants, Merlin Justin and Antony Justin, for the recovery of a loan amounting to ₹4,40,000. The defendants failed to repay the loan as assured, leading the plaintiff to seek legal recourse.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit, ruling that the plaintiff failed to prove the execution of the alleged promissory note and the claims were unsubstantiated.
Key Reasoning:
The plaintiff failed to establish the execution of the alleged promissory note and the claims were legally inadmissible.
The plaintiff failed to establish the execution of the alleged promissory note and the claims were legally inadmissible.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff has failed to establish the execution of the alleged promissory note and the alleged transaction. Therefore, the claim based on Exhibit A1 and Exhibit A2 is liable to be rejected.
Judgment Evidence:
In the result, the suit is dismissed with costs of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Viji.K.Pillai
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Merlin Justin
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Antony Justin
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Promissory Note marked as Exhibit A1, another document marked as Exhibit A2.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Panambil S.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of 4,40,000/- as per the promissory note.
Evidence:
Accordingly, the plaintiff has failed to establish the execution of the alleged promissory note and the alleged transaction.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document executed by the first defendant evidencing the loan agreement with the plaintiff.
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document evidencing a subsequent loan transaction between the plaintiff and the defendants.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Viji.K.Pillai vs Merlin Justin et al regarding Realization of Money
Case Code Year
Case between Viji.K.Pillai vs Merlin Justin et al regarding Realization of Money