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Madras High CourtA/2480/2020allowed

Mrs.G.Geetha Lakshmi And 3 Others v. Vishal Kothari

2020-10-28Honourable Mr Justice C.V. Karthikeyan2 pages

A.No.2480 of 2020 in C.S.No.707 of 2019 A.No.2480 of 2020 in C.S.No.707 of 2019 C.V.KARTHIKEYAN J, This application is filed seeking to condone the delay of 25 days in filing the written statement on behalf of the defendants 1 to 3 and the adoption memo on behalf of the 4th defendant.

2. The affidavit filed in support of the said application, it has been stated that the defendants had been served with suit summons on 28.01.2020. They should have filed the written statement / adoption memo on or before 27.02.2020. It was stated that unfortunately the defendants were held up in the native place of Tiruchirapalli and the defendants were unable to meet their counsel and give necessary instructions for filing the written statement. It is stated that there was a delay of 25 days in filing written statement / adoption memo.

3. Heard the learned counsel for the respondent / plaintiff.

4. In view of the fact, that it only be appropriate for issues raised by the plaintiff are decided on merits, the delay is be condoned and the http://www.judis.nic.in 1/2

A.No.2480 of 2020 in C.S.No.707 of 2019 C.V.KARTHIKEYAN.J, rna written statement filed on behalf of the defendants 1 to 3 and the adoption memo filed on behalf of the 4th defendant is taken on record.

5. If by this delay, the plaintiff had been put to any specific loss, then the same can be computed and determined on conclusion of trial, if at all a decree is perused.

6. With the above observations, this application is allowed. 28.10.2020 rna A.No.2480 of 2020 in C.S.No.707 of 2019 http://www.judis.nic.in 2/2