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INTERLOCUTORY APPLICATION NO. 53 OF 2017

Case between Prajeesh and Ajeesh vs Chathencheri Beeran et al regarding exparte decree set aside

Court
Court of the Munsiff of Tirur
Judge
SMT. VINCY.T.V.
Order Date
2017-06-29
Duration
3 years
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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

Plaintiff Won
Interim Order
The court allowed the application to set aside the exparte decree on condition of payment of costs.
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.

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.

Documents & Evidence

Quick Facts

Location
Tirur
Case Filed
Tue, 08/27/2013 - 12:00
Outcome Confidence
90%

Involved Entities

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