Mr. N. Devendra Gupta., v. Ashok Kumar Gupta.,

A.No.2282 of 2022 in C.S.No.629 of 2018 KRISHNAN RAMASAMY, J., This Application has been filed seeking to set aside the ex parte order dated 02.03.2022 passed against the 5th defendant in CS.No.629 of 2018.

2.The learned counsel appearing for the applicant/5th defendant would submit that the 5th defendant has filed Written Statement as early as on 12.10.2020 itself in Diary No.15128 of 2020. Thereafter, it was returned by the Registry on 19.01.2021 to rectify certain defects and thereafter, the Written Statement was re-presented on 08.03.2021. However, once again it was returned only on 03.03.2022 but in the meantime, this Court vide order dated 02.03.2022, set the applicant/5th defendant ex-parte. Therefore, the learned counsel seeks to set aside the ex-parte order.

3.None appeared on behalf of the contesting respondent. However, the learned counsel appearing for the applicant/5th defendant 1/2 https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY, J., rst would submit that on last occasion when the matter came up for hearing, the learned counsel appearing for the contesting respondent reported no objection for setting aside the ex-parte order dated 02.03.2022. 4.Considering the submission made by the learned counsel appearing for the applicant/5th defendant and in view of the fact that already the applicant had filed the Written Statement which was later represented after rectifying certain defects and in the interest of the justice, this Court feels it appropriate to set aside the ex-parte order. 5.Accordingly, the application is allowed and the ex-parte order dated 02.03.2022 is set aside.

Post the Suit in regular course.

24.06.2022 rst A.No.2282 of 2022 in C.S.No.629 of 2018 2/2 https://www.mhc.tn.gov.in/judis