Case Summary
Najimudheen, the petitioner, seeks to set aside an exparte decree issued against him in a money realization suit. Raji. S. Nair, the respondent, opposed the petition, arguing that the petitioner had failed to present sufficient cause for his absence during the original proceedings.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Restoration Petition
Final Judgment
No
The court dismissed Najimudheen's petition to set aside the exparte decree, finding that he failed to provide sufficient reason for his absence in the original proceedings.
Key Reasoning:
The petitioner did not provide sufficient cause to justify setting aside the exparte decree.
The petitioner did not provide sufficient cause to justify setting aside the exparte decree.
Why Defendant Won:
The petitioner did not provide sufficient cause to justify setting aside the exparte decree.
The petitioner did not provide sufficient cause to justify setting aside the exparte decree.
Supporting Evidence
The petitioner must be able to show sufficient cause. Here, the medical certificate produced is not sufficient enough to prove it.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raji. S. Nair
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Najimudheen
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Thattathumala. S. Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Sabeer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Petitioner's request to set aside the exparte decree dated 13.01.2023.
Evidence:
So the petition can't be entertained. Point no.1 is found against the petitioner and found in favour of the respondent.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs for the respective parties.
Evidence:
Considering the facts and circumstances of the petition, both parties can be directed to suffer their respective costs.
Documents & Evidence
Case Classification
Case Type
Restoration Petition
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
O.S.
Case Code Year
2022