Case Summary
The petition was filed by Prajeesh, the first defendant, seeking to set aside the exparte decree dated 27.08.2014 as he was abroad during the proceedings. The respondents opposed the application stating it was not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Setting aside the exparte decree
Case Type
Civil Procedure - Order IX Rule 13
Final Judgment
No
Why Plaintiff Won:
The petitioner provided sufficient cause for non-appearance before court due to being abroad, making the delay in filing the application justifiable.
The petitioner provided sufficient cause for non-appearance before court due to being abroad, making the delay in filing the application justifiable.
Judgment Evidence:
As stated above, there is a delay of 816 days in filing the petition to set aside ex-parte decree. Case of the petitioner is that the delay was due to non-availability of any information regarding the case.
Parties Involved
Plaintiffs
Prajeesh (37 years)
Kizhakkepurakkal Velayudhan
Defendants
Chathencheri Beeran (Not mentioned years)
Perumanna amsom, Klari desom, Tirur Taluk
Fathima Shana (2 years)
Perumanna amsom, Klari desom, Tirur Taluk
Renjisha (Not mentioned years)
Thennala amsom, desom, Tirurangadi taluk
Perumanna Klari Gramapachayath (Not mentioned years)
Klari Post, Tirur Taluk
Reliefs
Relief Type:
Setting aside exparte decree
Outcome:
Granted
Description:
Set aside the exparte decree dated 27.08.2014
Evidence:
The court allowed the application to set aside the exparte decree on condition of payment of costs.