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Madras High CourtA/1347/2024ordered

J.Subramani v. Mrs. P.Rasheed Ahmed

2024-03-14Honourable Mr Justice N. Sathish Kumar1 pages

A.Nos.1347 of 2024 in C.S.No.352 of 2020 N.SATHISH KUMAR, J.

This application has been filed to to restore the suit as against the third and fourth defendants in C.S.No.352 of 2020 which was dismissed for default for not effecting paper publication.

2. The suit has been filed for partition.

The learned counsel appearing for the applicant submitted that as the applicant was ill at the relevant point of time, he was not able to effect paper publication and the suit against the third and fourth defendants have been dismissed for default and it is neither wilful nor wanton.

3. Considering the averments made in the affidavit filed along with the application and in order to give an opportunity to the applicant to prosecute the case, this application Ordered.

4. Fresh summons to the defendants 3 and 4 returnable by 16.04.2024. Private summons through electronic mode is also permitted.

14.03.2024 vrc https://www.mhc.tn.gov.in/judis