B.Srinivasan v. Mrs.Kalavathy And 6 Others

A.No.1963 of 2022 & CS.No.504 of 2018 KRISHNAN RAMASAMY, J., This application has been filed to set aside the ex-parte order dated 31.01.2022 passed in C.S.No.504 of 2018.

2.The learned counsel for the applicant has submitted that initially the case was referred to mediation and thereafter, it was listed before the Court on 14.03.2022. Since the learned counsel for the applicant was held up in other Court, he was unable to appear before this Court on that day. Hence, the applicant was set ex-parte. Therefore, the present application has been filed to set aside the ex-parte order dated 31.01.2022.

3.None appeared for the first respondent/plaintiff. The contesting respondents, after receipt of notice, have not chosen to file the counter affidavit till date.

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KRISHNAN RAMASAMY, J., dn 4.Therefore, in the interest of justice, the ex-parte order dated 31.01.2022 passed in C.S.No.504 of 2018 needs to be set aside. Accordingly, the ex-parte order dated 31.01.2022 passed in C.S.No.504 of 2018 is set aside and this petition is allowed. 5.The written statement filed by the third defendant is taken on record.

6.Both the parties are directed to file the draft issues by the next hearing date. List the matter on 13.07.2022, for filing draft issues. 14.06.2022 dn A.No.1963 of 2022 & CS.No.504 of 2018 2/2 https://www.mhc.tn.gov.in/judis