Case Summary
M/s. Mulamoottil Consumer Credits Limited filed a review petition against the rejection of their plaint for recovery of an amount due. The defendants, Rajan Varghese and Alan Monsy, did not appear for the proceedings.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Review Petition
Final Judgment
No
The review petition was rejected as the plaintiff failed to remit the balance court fee within the prescribed time. The court exercised its power to reject the petition without allowing it.
Key Reasoning:
The plaintiff failed to remit the required court fee, leading to the rejection of the plaint.
The plaintiff failed to remit the required court fee, leading to the rejection of the plaint.
Why Defendant Won:
The plaintiff failed to remit the required court fee, leading to the rejection of the plaint.
The plaintiff failed to remit the required court fee, leading to the rejection of the plaint.
Supporting Evidence
The petitioner in this case has not remitted the balance court fee to date, even though the plaint was rejected on 28.10.2023 and the review petition was filed on 28.11.2023.
Judgment Evidence:
Resultantly, by invoking the power under section 114 and Order XLVII Rule 4(1) of CPC, the petition is rejected. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Mulamoottil Consumer Credits Limited
- Party Role
- Plaintiff
- Party Name
- Vineeth.V.S
- Party Age
- 31
- Relation
- S/o Viswambaran.R
- Party Role
- Defendant
- Party Name
- Rajan Varghese
- Party Age
- 31
- Relation
- S/o Babu
- Party Role
- Defendant
- Party Name
- Alan Monsy
- Party Age
- 29
- Relation
- S/o Moncy Mathew
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayakrishnan.D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Request for review of the rejection of the plaint.
Evidence:
Resultantly, by invoking the power under section 114 and Order XLVII Rule 4(1) of CPC, the petition is rejected.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
The affidavit was filed in lieu of chief examination for adducing ex parte evidence.
Reference:
null
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of court fee
Case Code
RP.NO.
Case Code Year
2023