Catherine Joseph v. Shreya Celes

A.No.2351 of 2023 in TOS.No.37 of 2022 R.N.MANJULA,J.

The applicant is the defendant. This application has been filed to set aside the exparte order passed against the applicant / defendant in TOS.No.37 of 2022 on 21.03.2023.

2. It is submitted by the learned counsel for the applicant/defendant that the written statement of the defendant has already been prepared and served on the plaintiff; but again, summons was served on her; the applicant approached her counsel and he advised her to file written statement within 14 days from 03.02.2023; as per his instructions, the written statement is said to have been filed in Court; but the applicant came to know later that the written statement has been filed and returned due to some defects and the same is now re-presented.

3. For the counsel's mistake, the party should not be affected. Taking into consideration of the extraneous situation wherein the defendant had Page No.1 of 2 https://www.mhc.tn.gov.in/judis

R.N.MANJULA,J.

gsk prepared the written statement as per the instructions of her counsel, but it was omitted to be re-presented in time by her counsel, I feel this application should be considered leniently and allowed.

4. Accordingly, this application is allowed.

05.06.2023 gsk A.No.2351 of 2023 in TOS.No.37 of 2022 Page No.2 of 2 https://www.mhc.tn.gov.in/judis