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Madras High CourtA/1650/2022allowed

Mrs. Kaladevi, And 2 Others v. P.A.Aswin Kumaar

2022-04-20Honourable Mr Justice P. Velmurugan3 pages

in C.S.No.256 of 2019 P.VELMURUGAN, J.

This application has been filed by the applicants/defendants 7 to 9 to set aside the ex-parte order dated 21.03.2022 in the above suit.

2. Heard both sides and perused the materials available on record. 3.The written statement of the defendants 7 to 9 was returned by the Registry on 21.02.2022 for rectifying the defects, but, the same has not been re-presented till 21.03.2022. Hence, this Court passed the order setting the defendants 7 to 9 as ex-parte. Thereafter, on 05.04.2022 the applicants/defendants 7 to 9 re-presented the written statement along with this application.

4.The reasons stated in the accompanying affidavit is not satisfactory. However, in order to give opportunity to the applicants to defend their case, this Court is inclined to allow the application. Accordingly, this application is allowed.

Page No.1/3

5. Since the applicants/defendants 7 to 9 have already filed their written statement along with the application, the Registry is directed to receive the written statement, if it is otherwise in order and place it on record and post the suit ''for framing issues'' on 26.04.2022. 6.In the meantime, both the parties are directed to file their draft issues, if they choose to do so.

20.04.2022 ms Page No.2/3

P.VELMURUGAN, J., ms in C.S.No.256 of 2019 20.04.2022 Page No.3/3