M/S.Maha Tab Learning India And 3 Others v. Mahalearning Education Pvt Ltd And 4 Others

A.No.2715 of 2022 in C.S. No.759 of 2018 SENTHILKUMAR RAMAMOORTHY, J Defendants 1 to 4 have presented this application to set aside the order dated 19.01.2021 by which they were set ex parte.

2. Learned counsel for the applicants/defendants 1 to 4 states that the order was passed during the COVID 19 pandemic. Secondly, it is stated that these defendants had filed and prosecuted an application for rejection of plaint and that the order passed therein was carried in appeal.

3. Learned counsel for the plaintiff states that suit summons was served on defendants 1 to 4 on 30.11.2018 and that the said defendants did not appear after October 2019.

4. Upon examining the affidavit filed in support of the application and taking into account the reasons stated therein, this application is allowed. However, it should be noted that these defendants have forfeited their right to file the written statement since the time limit prescribed in Page No.1 of 2

SENTHILKUMAR RAMAMOORTHY, J kal such regard has long expired even after taking into account the extensions provided for in the wake of the COVID 19 pandemic. It is needless to say that defendants 1 to 4 are not entitled to examine witnesses on their behalf but are entitled to cross-examine the plaintiff's witnesses and present oral and written arguments.

26.08.2022 kal (1⁄2) A.No.2715 of 2022 in C.S. No.759 of 2018 Page No.2 of 2

23.06.2022 List the case on 07.03.2022. Any counter proposed to be used by the plaintiff shall be served on the learned counsel for the defendant at least two days prior to the next date of hearing.

Interim order granted earlier is extended until then. 18.02.2022 Page No.3 of 2

kal A.No.274 of 2022 Page No.4 of 2