Case Summary
The plaintiff, Dhanya, lent Rs.1,00,000 to the defendant, Divya, who failed to repay the amount. The case involves a promissory note and a cheque that was returned due to insufficient funds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.1,19,200 with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay Rs.1,19,200 with interest. The plaintiff is entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff proved her case through unchallenged evidence and documentary proof.
The plaintiff proved her case through unchallenged evidence and documentary proof.
Losing Side's Weaknesses:
The plaintiff proved her case through unchallenged evidence and documentary proof.
The plaintiff proved her case through unchallenged evidence and documentary proof.
Supporting Evidence
The evidence of PW1 and the documents produced by her remains unchallenged. As such, I find that the plaintiff had proved her case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows:- 1)The defendant is directed to pay an amount of Rs.1,19,200/- (Rupees one lakh nineteen thousand two hundred only) with future interest at 6% per annum from the date of suit till the date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dhanya
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Divya
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Copy of Promissory Note, Certified copy of receipt, Certified copy of Cheque no.128651 of UCO Bank, Mavoor Branch, Copy of return memo, Copy of lawyer notice, Certified copy of postal receipt, Certified copy of acknowledgment, Certified copy of ozhimuri Deed no.3587/2014 of SRO Mavoor
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P.Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nidhin Das.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,19,200/- from the defendant.
Evidence:
In the result, suit is decreed as follows: 1)The defendant is directed to pay an amount of Rs.1,19,200/- with future interest at 6% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs from the defendant.
Evidence:
2)The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Document establishes the borrower's promise to repay the loan.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Document serves as proof of the financial transaction between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by defendant as a repayment method, which was later dishonored.
Reference:
Ext.A3
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Document evidencing that the cheque was returned due to insufficient funds.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant to demand payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the lawyer notice to the defendant.
Reference:
Ext.A5(a)
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment received from the defendant regarding the lawyer notice.
Reference:
Ext.A5(b)
Document Type:
Ozhimuri deed
Submitted By:
Plaintiff
Relevance:
Supporting document, although not directly related to the financial transaction.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Dhanya vs Divya regarding realisation of money
Case Code Year
Case between Dhanya vs Divya regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act