Dr.Rm.Arumugam v. Mr.Seenan Sarathy And Another

A.No.798 of 2020 in C.S.No.354 of 2008 P.T.ASHA, J., In the above matter since the written statement had not been filed the defendants have been set ex parte and the matter was listed under the caption "Undefended Board" on 06.12.2019. When the matter had come up on on 16.09.2020, this Court had directed notice through Court to respondents in the application in A.No.798 of 2020 returnable by 09.10.2020. The Court notice has been returned with an endorsement "Vacated". The learned counsel who had earlier appeared for the defendants had also reported no instructions.

2. Today, the defendants have neither entered appearance nor has taken any steps to have themselves represented by any other counsel. Considering the fact that they have been set ex 1/3

parte in the suit, the application which is filed for amending the prayer to include the words, namely, and / or his nominees (s) / assign(s) after the words 'in favour of the plaintiff' is ordered.

3. The plaintiff shall carry out necessary amendment within a period of two weeks and shall file amended copy of the plaint into the Court.

09.10.2020 kan 2/3

P.T.ASHA, J., kan A.No.798 of 2020 in C.S.No.354 of 2008 09.10.2020 3/3