Case Summary
The plaintiff, Jayasudheer, is seeking to recover a loan of Rs.1,50,000 from the defendant, Anil kumar. The defendant claims that he has not borrowed any money from the plaintiff and that the promissory note was misused.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled for a realisation of an amount of Rs.1,57,300 with future interest @ 12% per annum from the date of suit till realisation from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, entitling him to recover Rs.1,57,300 along with interest from the defendant.
Why Plaintiff Won:
The plaintiff provided clear documentary evidence supporting the loan agreement and the amount owed.
The plaintiff provided clear documentary evidence supporting the loan agreement and the amount owed.
Losing Side's Weaknesses:
The plaintiff provided clear documentary evidence supporting the loan agreement and the amount owed.
The plaintiff provided clear documentary evidence supporting the loan agreement and the amount owed.
Supporting Evidence
The evidence of the plaintiff remained unchallenged. The liability of defendant is clear from the documentary evidence adduced by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled for a realisation of an amount of Rs.1,57,300 with future interest @ 12% per annum from the date of suit till realisation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayasudheer
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anil kumar
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note, Copy of Advocate Notice, Unaccepted Advocate Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Praveen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.R. Ajitha kumari
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.S.Gopinathan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Joju Rajan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted the right to recover an amount of Rs.1,57,300/- with interest.
Evidence:
The plaintiff is entitled to realise 1,57,300 ₹1,57,300 /- with interest from defendants.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to recover the costs of the suit.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Original promissory note
Submitted By:
Plaintiff
Relevance:
This document serves as the basis for the plaintiff's claim against the defendant for the repayment of a loan.
Reference:
Ext.A1
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is evidence of the notice sent to the defendant requesting repayment of the loan.
Reference:
Ext.A2
Document Type:
Unaccepted Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document evidences that the notice sent to the defendant was not accepted.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Jayasudheer vs Anil kumar regarding realisation of money
Case Code Year
Case between Jayasudheer vs Anil kumar regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt