Case Summary
The plaintiff, Livin Das.D, is seeking to recover a loan amount of Rs.2,00,000/- from the defendant, Francis, who borrowed the money for business purposes. The defendant failed to repay the loan despite a legal notice being sent by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realize an amount of Rs.2,24,200/- together with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the borrowed amount along with interest. The defendant's absence in court resulted in a favorable decision for the plaintiff.
Why Plaintiff Won:
The plaintiff established his case warranting the grant of reliefs sought for, supported by uncontroverted testimony and documentary evidence.
The plaintiff established his case warranting the grant of reliefs sought for, supported by uncontroverted testimony and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A4 documents, the plaintiff had established his case warranting the grant of reliefs sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: 1. The Plaintiff is entitled to realize an amount of Rs.2,24,200/- together with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Livin Das.D
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Francis
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Promissory Note, Copy of Advocate Notice, Postal receipt, unclaimed notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A Yahiakhan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.2,24,200/- together with interest.
Evidence:
In the result, the suit decreed with costs as follows: 1.The Plaintiff is entitled to realize an amount of Rs.2,24,200/- (Rupees Two lakhs twenty four thousand and two hundred only) together with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Evidence:
2. The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favour of the plaintiff for an amount of Rs.2,00,000/-.
Reference:
Ext.A1
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff to demand the repayment of the borrowed amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Document related to the delivery of the advocate notice that was not claimed 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
Recovery of money
Case Code
Case between Livin Das.D vs Francis regarding realisation of money
Case Code Year
Case between Livin Das.D vs Francis regarding realisation of money