Mr.S.Muthumani v. R.Venkataperumal

A.No.528 of 2018 in C.S.No.816 of 2013 PUSHPA SATHYANARAYANA, J.

The application is filed by the applicants / defendants 1, 3 and 6 seeking to set aside the ex-parte order dated 21.09.2017 passed in C.S.No.816 of 2013.

2. It is stated by the applicants / defendants 1, 3 and 6 that they have entered appearance through counsel in the above suit. When the matter was reserved for orders on 07.09.2017, their counsel had gone to Madurai Bench in connection with this case and hence, he could not represent the matter. On 21.09.2017, this Court pronounced the judgment, granting the relief as prayed for in the suit and the defendants were set ex-parte. The applicants came to know about the pronouncement of the above judgment only on 06.12.2017, when they were called for enquiry by the Inspector of Police, Pondy Bazaar Police Station. Since the counsel was not available on that day, the counsel prepared the affidavit to set aside the ex-parte decree in the above suit, after coming to know about the ex-parte order. Hence, this application is filed seeking to set aside the ex-parte order dated 21.09.2017 passed in the above said suit. http://www.judis.nic.in

PUSHPA SATHYANARAYANA, J srn

3. Heard the learned counsel appearing for the applicants/ defendants 1, 3 and 6 and the learned counsel for the respondents/plaintiffs.

4. Learned counsel for the respondents/plaintiffs has got no serious objection in allowing this application.

5. Being satisfied with the reasons stated in the affidavit filed in support of the application, the application stands allowed and the ex-parte order dated 21.09.2017 passed against the defendants 1, 3 and 6 is hereby set aside.

17.09.2019 srn A.No.528 of 2018 in C.S.No.816 of 2013 http://www.judis.nic.in