S.V.Hemanathan And 2 Others v. Shivlal And 2 Others

in C.S.No.238 of 2021 P.VELMURUGAN, J., This application has been filed by the applicants/defendants 1 to 3 to set aside the ex-parte order dated 05.04.2022 in the above suit.

2. Heard both sides and perused the materials available on record. 3.Though the defendants 1 to 3 have filed the written statement on 06.12.2021, which was returned by the Registry on the same day for rectifying the defects, however, the defendants have not re-presented the same till 08.03.2022. When the matter was taken up for hearing on 05.04.2022, since the defendants 1 to 3 have not re-presented the written statement, this Court passed the order setting the defendants 1 to 3 ex-parte. Thereafter, on 07.04.2022 the applicants/defendants 1 to 3 re-presented the written statement along with this application. Page No.1/3

3.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 on payment of costs of Rs.50,000/- (Rupees fifty thousand only). The applicants are directed to deposit the costs of Rs.50,000/- to the credit of the suit in C.S.No.238 of 2021 on or before 27.04.2022 before the Registry, failing which, this application shall stand automatically dismissed without further reference to this Court.

4.Post the matter on 29.04.2022 ''for reporting compliance''. 12.04.2022 ms Page No.2/3

P.VELMURUGAN, J., ms in C.S.No.238 of 2021 12.04.2022 Page No.3/3