Case Summary
The plaintiff, Santhosh Kumar, is seeking recovery of Rs.67,000 from the defendant, Sunil Kumar, for a loan amount of Rs.50,000 borrowed by the defendant with a promissory note. The defendant has failed to repay the loan despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.67,000 with further interest at the rate of 12% per annum from the date of the suit till the date of payment.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting him the amount claimed. The defendant is ordered to pay the total amount with interest.
Why Plaintiff Won:
The plaintiff proved that the defendant owed the amount claimed based on the promissory note and the defendant's failure to repay.
The plaintiff proved that the defendant owed the amount claimed based on the promissory note and the defendant's failure to repay.
Losing Side's Weaknesses:
The plaintiff proved that the defendant owed the amount claimed based on the promissory note and the defendant's failure to repay.
The plaintiff proved that the defendant owed the amount claimed based on the promissory note and the defendant's failure to repay.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of 67,000/- with further interest at the rate of 12% per annum from the date of suit till the date of payment from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Santhosh Kumar @ Santhosh
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar @ Sunil
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Original Promissory Note, Copy of Advocate Notice, Postal receipt, Acknowledgment Card, Reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nellimoodu Udayakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.V.K.Ambika
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted the recovery of Rs.67,000/- along with interest.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of 67,000/- with further interest at the rate of 12% per annum from the date of suit till the date of payment from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant was ordered to pay the costs of the suit to the plaintiff.
Evidence:
2.The defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of the plaintiff as a record of the loan.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant requesting repayment of the loan.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply from the defendant concerning the legal notice sent.
Reference:
Ext.A5
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 Santhosh Kumar @ Santhosh vs Sunil Kumar @ Sunil regarding recovery of money.
Case Code Year
Case between Santhosh Kumar @ Santhosh vs Sunil Kumar @ Sunil regarding recovery of money.