Case Summary
Peter Thomas Fernandez is the plaintiff against South Indian Bank Limited and others regarding a counter claim. The court found the plaintiff absent and rejected the suit and counter claim due to non-remittance of balance court fees.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court rejected both the plaintiff's suit and the defendant's counter claim due to non-remittance of balance court fees. The plaintiff was absent during the hearing.
Key Reasoning:
The plaintiff failed to appear and did not remit the required balance court fees.
The plaintiff failed to appear and did not remit the required balance court fees.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Not available
Judgment Evidence:
Hence, the plaint is rejected under Order VII Rule 11 (c) of the Code of Civil Procedure. No balance court fee remitted in the counter claim also. Hence, the counter claim is also rejected under Order VII Rule 11 (c) of the Code of Civil Procedure.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Peter Thomas Fernandez
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- South Indian Bank Limited
- Party Role
- Defendant
- Party Name
- The Deputy General Manager
- Party Role
- Defendant
- Party Name
- The Branch Manager
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Victor D’ Silva
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajesh.R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A.S. Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
The plaint and counter claim were rejected due to non-payment of court fees.
Evidence:
Hence, the plaint is rejected under Order VII Rule 11 (c) of the Code of Civil Procedure. No balance court fee remitted in the counter claim also. Hence, the counter claim is also rejected under Order VII Rule 11 (c) of the Code of Civil Procedure.
Documents & Evidence
Document Type:
Judgment
Submitted By:
Court
Relevance:
The court delivered the judgment regarding the rejection of the plaint and counter claim.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2020