Case Summary
The case involves V.P.Muhammed Ashraf as the plaintiff who claims that Firoz.C.K, the defendant, failed to repay a borrowed amount of Rs.4,50,000/- along with interest. The plaintiff had issued a promissory note and the case was initiated after the defendant defaulted on repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff shall be entitled to realise Rs.4,50,000/- from the defendant with interest at the rate of 9 per cent from the date of suit till the date of decree and thereafter at 6 per cent till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of Rs.4,50,000/- from the defendant along with interest and costs.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and exhibits A1 to A4 series.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall be entitled to realise Rs.4,50,000/- (Rupees four lakhs fifty thousand only) from the defendant with interest at the rate of 9 per cent from the date of suit till the date of decree and thereafter at 6 per cent till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.P.Muhammed Ashraf
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Firoz.C.K
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is the pronote dated 25.04.2022, Exhibit A2 is the agreement dated 25.04.2023, Exhibit A3 is the photocopy of the deed No.3737/2022, Exhibit A4 series is the lawyer notice dated 12.01.2023 along with the postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.C.Xavier
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rafthas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- George.P.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.4,50,000/- from the defendant.
Evidence:
The suit is decreed as follows: The plaintiff shall be entitled to realise Rs.4,50,000/- (Rupees four lakhs fifty thousand only) from the defendant with interest at the rate of 9 per cent from the date of suit till the date of decree and thereafter at 6 per cent till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay the costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the loan agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Agreement executed between plaintiff and defendant
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the loan agreement.
Reference:
Ext.A2
Document Type:
Photocopy of deed
Submitted By:
Plaintiff
Relevance:
This document is the title deed showing the property of the defendant.
Reference:
Ext.A3
Document Type:
Copy of lawyer notice sent by plaintiff’s advocate to defendant
Submitted By:
Plaintiff
Relevance:
This document shows the demand made by the plaintiff for repayment of the loan.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer notice by the defendant.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the sending of the lawyer notice.
Reference:
Ext.A4(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between V.P.Muhammed Ashraf vs Firoz.C.K regarding realisation of money
Case Code Year
Case between V.P.Muhammed Ashraf vs Firoz.C.K regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour