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Madras High CourtA/3107/2024allowed

M.Venugopal (Deceased) 1.M.Sriram And Another v. Kankipati Sriramulu Chetty Tirumala Tirupathi Choultries Trust And 3 Others

2024-07-10Honourable Mr Justice P.B. Balaji1 pages

A. No.3107 of 2024 in C.S. No.600 of 2003 and A.No.6064 of 2024 P.B.BALAJI, J.

A.No.3107 of 2024 is filed to condone the delay of 6954 days to filing the restoration the suit against the 4th defendant in C.S. No.600 of 2003 which was dismissed for default on 11.03.2005.

2. Though the length of delay appears to be huge, the reasons cited in the affidavit filed in support of the Application is that the 4th defendant was employed in a foreign country at the relevant point of time and summons could not be served. In any event, the suit is pending and no prejudice would be caused to the respondents/defendants, if the delay is condoned to enable the restoration of the suit against the 4th defendant. Therefore, this Application is allowed.

10.07.2024 rkp Note: Registry is directed to number the restoration petition and post for orders on 16.07.2024.

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