M.Arulsamy v. S.Jesuraj

A.No.4786 of 2016 in C.S.No.552 of 2014 M.M.SUNDRESH, J.

Seeking to condone the delay of 645 days in filing the written statement, this application has been filed.

2.The applicant is the defendant in the suit filed for recovery of money. A perusal of the affidavit filed in support of the application would show that it is bereft of material particulars. A mere statement has been made that the applicant was suffering from jaundice without any supporting document. However, taking into consideration the pendency of the suit and in order to give an opportunity to the applicant/defendant to contest the suit on merits, this Court is inclined to allow the application on terms.

3.Accordingly, the delay is condoned and the application is allowed on condition that the applicant shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the learned counsel for the respondent, within a period of four weeks from today, failing which, the application shall stand dismissed automatically without further reference to the Court.

21.09.2016 mmi

M.M.SUNDRESH, J.

mmi A.No.4786 of 2016 in C.S.No.552 of 2014 21.09.2016