Case Summary
The plaintiff, Jyothishmathi, has filed a suit against the defendant, Krishna Kumar, for the realization of a loan amount of Rs.5,00,000/- borrowed by the defendant. The defendant failed to repay the loan despite being notified and placed ex-parte in the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 5,00,000/- (Rupees Five lakhs only) to the plaintiff with interest at the rate of 12% per annum from the date of suit till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, decreeing the suit for the repayment of the loan amount with interest. The defendant was ordered to pay Rs.5,00,000/- along with interest at the rate of 12% per annum.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proved its case.
Plaintiff's unchallenged evidence proved its case.
Supporting Evidence
Plaintiff's unchallenged evidence proves its case and it is entitled to a decree to realize the amount from the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs and defendant shall pay an amount of Rs. 5,00,000/- (Rupees Five lakhs only) to the plaintiff with interest at the rate of 12% per annum for the principal amount from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jyothishmathi
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Krishna Kumar
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Promissory note, Copy of demand notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.B.Pradeep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Aruna.G.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of Rs.5,00,000/- from the defendant.
Evidence:
Thus, the suit is decreed with costs and defendant shall pay an amount of Rs. 5,00,000/- (Rupees Five lakhs only) to the plaintiff with interest at the rate of 12% per annum for the principal amount from the date of suit till date of realization.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
This document indicates that the plaintiff formally requested repayment of the loan amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the dispatch of the demand notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as confirmation of the receipt of the demand notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023