Case Summary
Rajika is the plaintiff who alleges that Nisha Soman borrowed ₹6,00,000 from her and failed to repay it. Nisha Soman denies the allegations, claiming the suit is based on forged documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of ₹6,00,000 with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit in favor of the plaintiff, allowing her to recover ₹6,00,000 from the defendant.
Why Plaintiff Won:
The plaintiff established her claim of loan through consistent testimony and documents submitted, despite the defendant's denials.
The plaintiff established her claim of loan through consistent testimony and documents submitted, despite the defendant's denials.
Losing Side's Weaknesses:
The plaintiff established her claim of loan through consistent testimony and documents submitted, despite the defendant's denials.
The plaintiff established her claim of loan through consistent testimony and documents submitted, despite the defendant's denials.
Supporting Evidence
The oral and documentary evidence adduced by PW1 clearly prove that an amount of 6,00,000/- remains due and payable by the defendant.
Judgment Evidence:
In the result, the suit is partly decreed as follows: (a) The plaintiff is entitled to recover a sum of 6,00,000/- (Rupees Six Lakhs only), together with interest at the rate of 6% per annum from the date of filing of the suit until the date of realization, from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajika
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nisha Soman
- Party Age
- 39
- Relation
- D/o
Plaintiffs Documents
Nil Promissory Note, Advocate Notice dated 15.10.2016, Postal receipt
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Akhil J. Chandran
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S.S.Dilip Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is entitled to recover a sum of 6,00,000/- from the defendant.
Evidence:
The plaintiff is entitled to recover a sum of 6,00,000/- (Rupees Six Lakhs only), together with interest at the rate of 6% per annum from the date of filing of the suit until the date of realization, from the defendant and her assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was produced by the plaintiff as proof of the loan agreement between the parties.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff as a demand for repayment of the outstanding amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the dispatch of the demand notice to the defendant.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2016