R.Sundar, v. S.Kanchana, And 3 Others

A.No.4321 of 2022 A.No.4321 of 2022 in C.S.No.360 of 2021 C.V.KARTHIKEYAN , J.

The application has been filed by the 1st defendant seeking to set aside the ex-parte order which had been passed on 11.04.2022.

2. In the affidavit filed in support of the said application, it had been stated that the 1st defendant is not liable to pay any amount to the plaintiff as he had not received any amount from her. It had also been stated that the 1st defendant had not been served with any notice/suit summons, later, he came to know that he had been set ex-parte.

3. Heard the learned counsel for the plaintiff also.

4. In view of the fact that owing to the issues raised by the parties, the suit should be heard on merits and short circuiting it would not be a prudent approach, the application stands allowed. The ex-parte order dated 11.04.2022 against the 1st defendant is set aside. 18.10.2022 (1/3) ssi https://www.mhc.tn.gov.in/judis 1/2

A.No.4321 of 2022 C.V.KARTHIKEYAN , J.

ssi A.No.4321 of 2022 18.10.2022 (1/3) https://www.mhc.tn.gov.in/judis 2/2