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Madras High CourtA/2662/2024allowed

Studio Green, And Another v. M/S Jayanna Combines And 2 Others

2024-06-05Honourable Mr Justice P. Velmurugan3 pages

Application No.2662 of 2024 in C.S.(Comm.Div).No.86 of 2023 P.VELMURUGAN, J This application has been filed to extend the time to carry out the necessary amendment in C.S.(Comm.Div).No.86 of 2023, as ordered by this Court, on 24.01.2024 in A.No.4854 of 2023.

2. It is seen that the applicants/plaintiffs have not carried out necessary amendment within 14 days as contemplated under Order 6 Rule 18 read with Section 148 of CPC, and therefore, the present application has been filed for the above prayer.

3. The first defendant (first respondent herein) was set ex-parte on 26.06.2023.

4. The second defendant (second respondent herein) has no serious objection for allowing this application.

5. The Batta in respect of the proposed third defendant was returned by the Registry on 15.04.2024.

6. Though the reasons stated in the affidavit filed in support of this application, are not satisfactory, however, in order to give an opportunity to the applicants/plaintiffs, to carry out the necessary amendment as ordered on 24.01.2024 in A.No.4854 of 2023 in C.S.(Comm.Div).No.86 of 2023, this application is ordered as prayed for. The applicants/plaintiffs are directed to

carry out the necessary amendment in the records, on or before 07.06.2024.

7. List the suit itself for hearing on 11.06.2024.

8. In the meantime, Registry is directed to verify as to whether any counsel had entered appearance for the proposed third defendant in the suit, and if so, print the counsel's name, or print the name of the proposed third defendant in the cause list.

05.06.2024 cs Office to note: Issue order copy by today

P.VELMURUGAN, J 05.06.2024