Aks Housing Development Company Pvt Ltd., v. Mr.M.V.Rajkumar, And 5 Others

A.No.3746 of 2021 in C.S.No.161 of 2014 N.SESHASAYEE, J.

This application has been filed to condone the delay of 2620 days in filing the written statement.

2.Learned counsel for the applicant / 3rd defendant submitted that the suit was earlier decreed exparte and that the defendant has already had the exparte decree set aside on payment of Rs.1 lakh as cost and that the suit was later came to be abated and the abatement itself was set aside and the suit was restored to file only on 23.07.2021. He submitted that in view of the same, the defendant may not be penalised inasmuch as the exparte decree has been set aside on cost of Rs.1 lakh.

3.This Court chooses to allow this application but without cost.

4.This application stands allowed accordingly allowed.

29.11.2021 (1/2) kas https://www.mhc.tn.gov.in/judis