Case Summary
The plaintiff, P. Denny, filed a suit against the defendant, B.K. Babuchandran Nair, for recovery of a loan amount. The defendant denied borrowing from the plaintiff and stated that he had settled all financial dealings with the Power of Attorney holder.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiff failed to prove the case sufficiently. The defendant's claims of having settled all amounts with the Power of Attorney holder were accepted.
Key Reasoning:
The plaintiff failed to prove the financial transactions with sufficient evidence.
The plaintiff failed to prove the financial transactions with sufficient evidence.
Why Defendant Won:
The plaintiff failed to prove the financial transactions with sufficient evidence.
The plaintiff failed to prove the financial transactions with sufficient evidence.
Supporting Evidence
On appreciating the entire evidence as unfurled before Court, I am of the view that there is insufficient evidence to prove the case of the plaintiff.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. Denny
- Party Age
- 40
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mrs.P.M Dilly Meena
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- B.K. Babuchandran Nair
- Party Age
- 55
Plaintiffs Documents
Ext.A1: Promissory Note dated 19.08.2015, Ext.A2: Power of Attorney dated 17.08.2018.
Defendants Documents
Ext.B1: Receipt acknowledging the amount received from the defendant dated 09.06.2016, Ext.B2: Receipt dated 16.01.2013.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Suresh Kumar.C.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.G.Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of the borrowed amount from the defendant.
Evidence:
In the result, the suit is dismissed.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the loan agreement where the defendant promised to pay back the amount borrowed from the plaintiff.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes Mrs. P.M Dilly Meena to act on behalf of the plaintiff in legal matters.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This document acknowledges the amount received from the defendant.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This document is a receipt dated 16/01/2013 related to the financial transactions.
Reference:
Ext.B2
Document Type:
Instruments undertaking to repay the money received with interest
Submitted By:
Defendant
Relevance:
These documents are instruments undertaking to repay the amount borrowed along with interest.
Reference:
Ext.B3 to B20
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between P. Denny vs B.K. Babuchandran Nair regarding recovery of money
Case Code Year
Case between P. Denny vs B.K. Babuchandran Nair regarding recovery of money