Case Summary
The case involves Canara Bank as the plaintiff seeking to restore a dismissed application related to a money recovery suit. The defendants have objected to the application, citing negligence in taking steps for representation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restoration of I.A.8408/2018 and I.A.8409/2018 upon payment of ₹3000/- costs.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to restore the dismissed applications related to the money recovery suit while imposing a cost.
Why Plaintiff Won:
The court found sufficient reason to grant the petitioner one opportunity to contest the case on merits without willful negligence.
The court found sufficient reason to grant the petitioner one opportunity to contest the case on merits without willful negligence.
Losing Side's Weaknesses:
The court found sufficient reason to grant the petitioner one opportunity to contest the case on merits without willful negligence.
The court found sufficient reason to grant the petitioner one opportunity to contest the case on merits without willful negligence.
Supporting Evidence
Thus there is no willful delay or laches on the side of petitioner. Having considered the reasons stated, I am of the view that an opportunity can be given to the petitioner to contest the case on merits.
Judgment Evidence:
In the result; The petition is allowed and R.P.8408/2018 and R.P.8409/2018 restored back to the file on the condition of payment of costs of ₹3000/- (Rupees Three thousand only) to the DLSA within a period of 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Dhanya.U.M Kumar
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dr.Madhukumar.J.L
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha Shailaja Joseph
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E.Sulficar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Binu.S.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Tibin Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed and R.P.8408/2018 and R.P.8409/2018 restored back to the file on the condition of payment of costs of ₹3000/-.
Evidence:
In the result; The petition is allowed and R.P.8408/2018 and R.P.8409/2018 restored back to the file on the condition of payment of costs of ₹3000/- (Rupees Three thousand only) to the DLSA within a period of 30 days from today.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
RP.NO.
Case Code Year
2023