Case Summary
The plaintiff, Rajan.M, is suing the defendants, including M/s.Thanima Marbles, for recovery of money based on dishonored cheques. The defendants claimed that the case is barred by law of limitation as the suit was filed after the limitation period.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as barred by the law of limitation. The plaintiff was found to have filed the suit after the prescribed period, with no acknowledgment from the defendants on the debts owed.
Key Reasoning:
The suit was barred by limitation, as per the provisions of the Limitation Act.
The suit was barred by limitation, as per the provisions of the Limitation Act.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff has no case that the alleged debts covered by Ext.A1, A5, A7 and A9 cheques were duly acknowledged by the defendants.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajan.M
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s.Thanima Marbles
- Relation
- represented by partners
- Party Role
- Defendant
- Party Name
- Jose Raj
- Party Age
- 51
- Relation
- Partner of M/s.Thanima Marbles
- Party Role
- Defendant
- Party Name
- Shajilal
- Party Age
- 53
- Relation
- Partner of M/s.Thanima Marbles
Plaintiffs Documents
Cheque bearing No.102195, CBS SC remittance schedule cum voucher dated 08/09/2010, Pay-in-slip for cash, Cheque dishonour memo, Cheque bearing No.106811, Pay-in-slip for cash, Cheque bearing No.106861, Pay-in-slip for cash, Cheque bearing No.126217, Pay-in-slip for cash, Copy of Advocate’s notice, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sureshbabu.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vettoor S.Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought recovery of Rs.1,37,886/- with interest.
Evidence:
this suit filed on 05/03/2018 beyond the period of limitation is clearly barred by law.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued for the payment amount due from the defendants.
Reference:
Ext.A1
Document Type:
Voucher
Submitted By:
Plaintiff
Relevance:
This voucher relates to the financial transaction between the plaintiff and defendants.
Reference:
Ext.A2
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
This document supports the financial claims made by the plaintiff.
Reference:
Ext.A3
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque was dishonoured for 'Exceeds arrangements'.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued for the payment amount due from the defendants.
Reference:
Ext.A5
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
This document supports the financial claims made by the plaintiff.
Reference:
Ext.A6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued for the payment amount due from the defendants.
Reference:
Ext.A7
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
This document supports the financial claims made by the plaintiff.
Reference:
Ext.A8
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued for the payment amount due from the defendants.
Reference:
Ext.A9
Document Type:
Pay-in Slip
Submitted By:
Plaintiff
Relevance:
This document supports the financial claims made by the plaintiff.
Reference:
Ext.A10
Document Type:
Advocate's Notice
Submitted By:
Plaintiff
Relevance:
This notice serves as communication regarding the debt owed.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card acknowledges receipt of the Advocate's notice.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Cheque dishonour
Case Code
Case between Rajan.M vs M/s.Thanima Marbles et al regarding recovery of money
Case Code Year
Case between Rajan.M vs M/s.Thanima Marbles et al regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour