Case Summary
N.C. Kanaran, a renowned writer, is the plaintiff in this case against N. Abhijith, the proprietor of Kerala Book Trust. The suit concerns the expiration of an agreement between them regarding the publication of a travelogue and seeks to recover an amount due.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Original Suit
Final Judgment
No
The suit is dismissed as the plaintiff is not entitled to the relief sought. The agreement has expired, and the claims are time-barred.
Key Reasoning:
The agreement terminated by efflux of time, and no evidence was presented to support the plaintiff's claims.
The agreement terminated by efflux of time, and no evidence was presented to support the plaintiff's claims.
Why Defendant Won:
The agreement terminated by efflux of time, and no evidence was presented to support the plaintiff's claims.
The agreement terminated by efflux of time, and no evidence was presented to support the plaintiff's claims.
Supporting Evidence
Therefore, as per the said agreement itself the contract between plaintiff and defendant terminated on 3/7/2018. There is no case by the plaintiff that it was further extended or renewed by another agreement.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.C. Kanaran
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N. Abhijith
- Party Age
- 40
- Relation
- Proprietor
Plaintiffs Documents
Agreement dated 3/7/2015, Cash credit bill for 30 books, Copy of lawyer notice, Acknowledgment card, The book entitled 'Ozhivile Akasangal'
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G.C. Prasanth Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the agreement dated 3/7/2015 is expired.
Evidence:
Therefore, the Ext.A1 agreement naturally terminated by efflux of time and therefore there is no specific action required by the plaintiff or the defendant to terminate the said agreement.
Relief Type:
Injunction
Outcome:
Refused
Description:
Perpetual prohibitory injunction to restrain the defendant from printing and selling the book.
Evidence:
Therefore, there is no cause of action for the relief of injunction and thus plaintiff is not entitled to get a relief of injunction.
Relief Type:
Recovery
Outcome:
Refused
Description:
Realisation of an amount of Rs.41,625/- from the defendant.
Evidence:
The suit is filed on 21/1/2020 and thus the claim is expressly time barred.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and defendant regarding the publication of the book.
Reference:
Ext.A1
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Cash credit bill for 30 books given to the plaintiff.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued by the plaintiff to the defendant regarding the royalty amount.
Reference:
Ext.A3 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card related to the lawyer notice.
Reference:
Ext.A4
Document Type:
Book
Submitted By:
Plaintiff
Relevance:
The book entitled 'Ozhivile Akasangal' authored by the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between N.C. Kanaran vs N. Abhijith regarding declaration of agreement expiry and injunction
Case Code Year
Case between N.C. Kanaran vs N. Abhijith regarding declaration of agreement expiry and injunction